6 July, 2021
Woman refused bail on 20 charges
A MACKAY Magistrate has remanded a woman in custody and refused bail for about 20 drug trafficking charges.
Emma Claire Jowsey appeared before Magistrate Bronwyn Har- tigan, who told her court that Jowsey was facing a number of new charges, whilst on bail for the serious charge of trafficking between Oct 5, 2020 and October 29, 2020.
“That is coupled with a further seven charges on that day and a stand-alone drug-drive charge, plus three breaches of bail and then another three driving offences,” Magistrate Hartigan explained.
“The offences which she fac- es today whilst on bail for drug trafficking, is a further traffick- ing charge between April 9 and June 26, a period of nearly three months in 2021.
“Jowsey is also facing a num- ber of other charges arising out of an interception on the Bruce Highway on June 25, 2021.
“There are 12 charges on that occasion arising out of a search of her vehicle and her driving when she was not supposed to be.” Magistrate Hartigan said the allegation that is most serious, is that she possessed around three grams of ecstasy (MDMA) and more importantly, 10 grams of methamphetamine.
“Both are said to be commer- cial quantities of these drug and I agree.
“Therefore, Jowsey is in a show cause position, which means that there is no presumption of bail in her favour. Police do not have the burden of proving anything. In- deed, it is for Miss Jowsey to prove to me that she is not an unaccept- able risk of failing to appear and not an unac- ceptable risk of committing fur- ther offences.
“It is also for her to prove to me that on the bounds of probability that she does not need to remain in custody for her own protection. “Trafficking is the most serious drug offence that any (drug) de- fendant can face and she is facing that charge, while being on bail for a further trafficking charge which allegedly occurred in Octo- ber last year.
“The trafficking charges comes from text messages found in Mes- senger on a phone allegedly belong- ing to her with her photograph on it, suggesting that it was in fact her messaging ac- count. And there is a strong or at least an arguable case for trafficking.
“I consider that the offenc- es that she is remanded in cus- tody for in the watchhouse are extremely serious. She has no previous convictions for drugs.
“It is clear from material sub- mitted to me that she has a drug problem in terms of rehabilita- tion she needs to go to a full time rehabilitation facility for about three months.
“She has breached bail before, but I do not find her an unacceptable risk of failing to reappear in court when required.
“The real issue is whether or not, she is an unacceptable risk of com- mitting further offences and wheth- er she should remain in custody for her own protection, that is protec- tion from drugs and protection of committing related drug offences.”
“I note that she is innocent until proven guilty. Jowsey is an unacceptable risk of committing further offences and should be saved from herself.”