Cousins' Case Adjourned............

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Cousins' Case Adjourned............

Post: # 478689Post TimeToShineFellas »

Source: http://www.news.com.au/heraldsun/story/ ... 61,00.html

Ben Cousins to fight drugs

October 18, 2007 01:48pm

FALLEN West Coast Eagles star Ben Cousins will vigorously defend a drug charge that has cost him his job once he returns to Australia from a fresh stint in rehab in the United States.

Cousins appeared in the Perth Magistrates Court today on a charge of possessing a prohibited drug.

He was charged on Tuesday after police pulled him over for driving erratically and allegedly found drugs during an hour-long search of his car.

The 29-year-old midfielder allegedly refused to take a blood test, so he also faced a charge of failing to comply with a requirement to undergo a driver assessment.


Cousins appeared red-eyed and wore silver-studded jeans, a white shirt, unbuttoned, and blue snake-skin boots.

He did not say a word inside or outside the court today - except to apologise to a court official who made him turn his phone off while he waited to appear.

But his lawyer Shane Brennan successfully sought a 90-day adjournment after telling Magistrate Steven Heath prosecutors had agreed Cousins could "continue with the program he is enjoined with in the US".

Outside the court, a red-eyed Cousins, wearing silver-studded jeans, a white shirt unbuttoned to half way down his chest and blue snake-skin boots, stood silently beside Mr Brennan as his lawyer answered media questions.

"You heard what was said in court," Mr Brennan said.

"The matter has been remanded for 90 days with a view to Mr Cousins continuing the course of action he adopted early in the winter."

Asked if the charges would be defended when the case returns to court on January 21, Mr Brennan replied: "Absolutely".

"That's all we need to say, come on Ben."

Cousins has never tested positive for illicit drugs.

But earlier this year, the former Eagles skipper underwent drug rehabilitation in California, returning to playing after apologising for his conduct.

His return to the Eagles fold was conditional on his agreeing to a zero tolerance clause to testing positive to banned substances.

Cousins also agreed to stay away from underworld figures and not fall foul of the law.

The Eagles board last night voted to dump Cousins in the wake of the charges.

By sacking Cousins, West Coast have probably ended the prospect of any further punishment by the AFL.

Cousins is almost certain to be deregistered by the AFL, ruling out the prospect of him being drafted by any other club.

His brief appearance came as AFL chief Andrew Demetriou cast doubt on whether Cousins will ever play top-level footy again, while PM John Howard insisted West Coast had no choice but to sack their wayward star.

Speaking from Paris today, Demetriou said disgraced 2005 Brownlow Medallist Cousins was no longer a registered AFL player after being sacked by his West Coast club last night.

If he tried to return it would be a decision for the AFL Commission whether to accept his nomination for the draft.

"I think it is going to be very difficult for him, extremely difficult," Demetriou told ABC Radio.

"The West Coast Eagles have terminated his services.

"On the basis of being terminated, he is no longer a registered player in the AFL competition.

"If he sought to try and play football again, he would have to nominate for the draft, and that would be a decision for the AFL Commission as to whether we would accept his nomination or not."

Former Eagles captain Cousins was due to appear in the Perth Magistrates Court today to face a drug possession charge.

He was arrested in Perth's entertainment district of Northbridge on Tuesday, and charged with possessing an illegal drug and refusing to take a blood test.

West Coast chief executive Trevor Nisbett last night announced that Cousins' contract had been terminated and there was no chance he would play for the Eagles again.

Prime Minister Howard said club executives "sadly had no alternative".

"It's a great tragedy," Mr Howard told ABC Radio today.

"He's a very talented player, he's a wonderful athlete.

"I hope for his sake that he can get over his drug problem, I hope for his family's sake ... that they, together, can work through it.

"But I don't think the West Coast Eagles had any alternative."

Mr Howard said part of the drug problem was the way they were often referred to as "recreational" or "party" drugs.

"I do often hear news reports about recreational drugs, I've even heard some police say that," he said.

"I just think from today we should stop calling them party drugs or recreational drugs.

"It gives them a glamour they don't deserve."

Mr Howard noted yesterday that he had been ridiculed in the past for his "zero tolerance'' approach to illicit drugs.

He said he believed many were now coming around to his way of thinking.

"All drugs are evil; they are bad.''

Mr Howard, a former smoker, said he believed society was often tougher on smokers than those who took illegal substances, and urged the courts to be as "tough as possible" on drugs.

"But I think society has got to give a lead and society has got to be tough," Mr Howard said.

"I hope that the AFL is as tough as needs be in relation to the culture and attitudes within the sport.''

Sports Minister George Brandis has used Cousins' downfall to repeat his call for the AFL to toughen its "three strikes" drug policy.

But Demetriou said that it would not have mattered what the AFL's drug policy was, as he considered Cousins had serious health issues.

"I don't think it is our policy that forced Ben Cousins into the situation where he has fallen through the cracks again," he said.

"He's obviously a man who's got a problem.

"He's a man who's got some health issues which he's had for a long time.

"He's endeavoured to be rehabilitated, and he's relapsed.

"I would say to you whether we had a one strike, two strike or three strike policy it's more than likely that the same thing would have occurred."

Demetriou said the AFL would look at their drugs code in December and would decide whether there was room for improvement.

"We've got policy that tries to educate people, and tries to rehabilitate them and deter them and change their behaviour from partaking in illicit drugs," Demetriou said.

"We've always said that we will do anything we can to improve our policy and we've made some changes along the way," he said.

Mr Nisbett said the club's focus was on ensuring that Cousins regained his health.

"It has to be addressed and it has to be fixed," Mr Nisbett said.
"It is an illness which a lot of people don't recognise and he is terribly sick."

"He needs more rehabilitation and we feel with the spotlight of AFL football off him he can get back to rehabilitation."

Club chairman-elect Mark Barnaba said the club sacked Cousins "because he has seriously breached the conditions and spirit of the revised contract under which he returned to the club several months ago".

"While Ben will no longer be part of our playing group, we will certainly not abandon Ben.

"He has a very serious health issue and we will continue to support him in his quest to regain his health and rebuild his life."

The Herald Sun has learned the 2005 Brownlow medallist and former teammate Daniel Chick had been on a weekend bender with strippers before Tuesday's arrest.

Sources also said Cousins, Chick and another man had been seen in a Perth park. Cousins and Chick left the park in separate cars before being intercepted by organised crime squad detectives.

Police yesterday alleged quantities of cocaine, cannabis, methamphetamine and drug paraphernalia were found in the car carrying Chick and a 33-year-old male passenger.

Chick has not been charged, but his companion will appear in Perth Magistrates' Court on Monday on drugs charges.

Channel 9 last night reported pill packets of diazepam had been found in Cousins' car. Diazepam can be used to help with acute drug-withdrawal symptoms.
Another two pills found with Cousins were being analysed.

Sources told the Herald Sun Cousins and Chick had been seen with at least two dancers from strip bars in Perth's nightclub district of Northbridge.

Cousins is believed to have mixed with a stripper since returning from the US.

Staff at Voodoo Lounge, popular among bikie gangs, yesterday confirmed Cousins had visited.

Club sources said Cousins had been staying at Chick's beachside home in Perth's northern suburbs since the death of friend and former teammate Chris Mainwaring.

Neighbours yesterday reported several loud parties at the home in recent days.

It is believed senior Eagles officials and people close to Cousins have been concerned for his welfare in recent days.

Cousins returned to football in Australia from drug rehabilitation in California earlier this year and had been expected to return to the Malibu clinic next week.

Opposition Leader Kevin Rudd yesterday suggested a Labor government would look at forcing the AFL to adopt a tougher policy on drugs.

"It is incumbent on our sporting administrators nationwide to get their act together when it comes to a proper drugs policy," he said.

"We believe that the right approach is to get all the major codes together with a consistent policy across the board. We would look forward to that being the case . . . soon.


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Post: # 478702Post Animal Enclosure »

I'm not sure if anyone has brought this up but what if Cousins is found not guilty & it comes out that the drugs that he possessed were anti-depressants that he had been prescribed?

Would that change the opinion of the WCE, the AFL & other clubs that could now acquire his playing services for free?

My understanding is that he was in possession of the 'medication' that drug users trying to get off the juice take. The 'two tablets' that are yet to be confirmed as anything were found in the car (that was also inhabited by two known strippers).

I know Cousins has been hung, drawn & quartered by all & sundry but the question remains... has he actually done anything wrong? As far as I'm aware nothing has been proven yet. There is no indication that he was affected by ice, cocaine or any other illicit drug. He looked a bit unsteady when he was arrested but he had been reportedly partying all night with the strippers & the undoubtedly dodgy Daniel Chick (who was in a car that was raided & found to contain cocaine, ice & other drug paraphenalia).


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Post: # 478704Post saintsrus »

Animal Enclosure wrote:I'm not sure if anyone has brought this up but what if Cousins is found not guilty & it comes out that the drugs that he possessed were anti-depressants that he had been prescribed?

Would that change the opinion of the WCE, the AFL & other clubs that could now acquire his playing services for free?

My understanding is that he was in possession of the 'medication' that drug users trying to get off the juice take. The 'two tablets' that are yet to be confirmed as anything were found in the car (that was also inhabited by two known strippers).

I know Cousins has been hung, drawn & quartered by all & sundry but the question remains... has he actually done anything wrong? As far as I'm aware nothing has been proven yet. There is no indication that he was affected by ice, cocaine or any other illicit drug. He looked a bit unsteady when he was arrested but he had been reportedly partying all night with the strippers & the undoubtedly dodgy Daniel Chick (who was in a car that was raided & found to contain cocaine, ice & other drug paraphenalia).
Im sure the eagles wouldnt have sacked him on heresay


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Post: # 478707Post Mr Magic »

Animal Enclosure wrote:I'm not sure if anyone has brought this up but what if Cousins is found not guilty & it comes out that the drugs that he possessed were anti-depressants that he had been prescribed?

Would that change the opinion of the WCE, the AFL & other clubs that could now acquire his playing services for free?

My understanding is that he was in possession of the 'medication' that drug users trying to get off the juice take. The 'two tablets' that are yet to be confirmed as anything were found in the car (that was also inhabited by two known strippers).

I know Cousins has been hung, drawn & quartered by all & sundry but the question remains... has he actually done anything wrong? As far as I'm aware nothing has been proven yet. There is no indication that he was affected by ice, cocaine or any other illicit drug. He looked a bit unsteady when he was arrested but he had been reportedly partying all night with the strippers & the undoubtedly dodgy Daniel Chick (who was in a car that was raided & found to contain cocaine, ice & other drug paraphenalia).
He refused to have a 'blood test' which under WADA (and hence AFL) rules is tantamount to a 'positive' test result.
Under his new contract, a 'positive test result' is a breach.
Hence WCE sacked him.


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Post: # 478709Post ausfatcat »

Mr Magic wrote: He refused to have a 'blood test' which under WADA (and hence AFL) rules is tantamount to a 'positive' test result.
Under his new contract, a 'positive test result' is a breach.
Hence WCE sacked him.

If he refused a WADA test not a police test.


Do you really think the police would have charged him if it was anti depressants?


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Post: # 478716Post Mr Magic »

ausfatcat wrote:
Mr Magic wrote: He refused to have a 'blood test' which under WADA (and hence AFL) rules is tantamount to a 'positive' test result.
Under his new contract, a 'positive test result' is a breach.
Hence WCE sacked him.

If he refused a WADA test not a police test.


Do you really think the police would have charged him if it was anti depressants?
Ausfatcat,
I have no idea what they found on him.

I think you'll find that the AFL consider a Police 'Blood test' as similar to a WADA test.
ANyway, he will be found guilty of refusing a 'blood test' and convicted which is also a 'breach' of his new contract.

Don't think for one instant that WCE will have put themselves in a position to be sued by Cousins over this.

The way Nixon was talking last night on 3AW made it perfectly clear that Cousins career at WCE was over because of this.

As an aside, does anybody still think there are no gaping holes in the AFL/AFLPA Drug policy?

The policy doesn't allow for players to be 'tested' during their 'holiday period' so what happens?

The bloke who has a substance use problem so severe that he needs to enter Rehab in the USA for a month never tests positive once under the drug testing regime.
But he gets picked up by the Poilce in the holiday period and refuses to have a test. I wonder why? Perhaps an infringement of his civil rights and he is just making a stand for people's civil liberties?


On paper the AFL/AFLPA Drugs Policy has a lot of merit in that it seeks to educate and rehabilitate anybody it catches.
Unfortunately in practise it seems to be designed not to catch too many.

Maybe the AFL/AFLPA are more interested in the positive publicity surrounding their 'World's Best Practice Drug Testing Policy' rather than actually uncovering the drug users and attempting to help them?


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Post: # 478720Post ausfatcat »

Sorry magic I missunderstood what you were trying to say.


I thought you meant found guilt by WADA for refusing a police blood test.

Yes the AFL drug policy has gaps but that would be easily fix by simply doubling or tripling the amount of tests they do, and they should do this ASAP. Cousins should have been picked up on this drug problem years ago.

Also I thought the whole three strike thing was for recreational drugs during the off season only.


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Post: # 478724Post Mr Magic »

ausfatcat wrote:Sorry magic I missunderstood what you were trying to say.


I thought you meant found guilt by WADA for refusing a police blood test.

Yes the AFL drug policy has gaps but that would be easily fix by simply doubling or tripling the amount of tests they do, and they should do this ASAP. Cousins should have been picked up on this drug problem years ago.

Also I thought the whole three strike thing was for recreational drugs during the off season only.
No problems.

There you have one of the gaping problems of the Policy. They only test for illicit drugs 'out of competition' EXCEPT for the 6 week period when the players are on 'holidays'.

As for the joke that is the testing program, if they were actually fair dinkum they would ensure that each player was tested regularly. But, they (the AFL and the AFLPA) just want to announce that they have teh 'World's Best Drug Testing Program' without actually catching too many.

In reality, the player has to be pretty dumb to get get causght 3 times under this testing regime.

Remember, Cousins has never tested positive.


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I just want to add

Post: # 478729Post Banger2Plugger »

Cousins not only refused a drug test...
He refused to undergo a form of co-ordination test as well - to identify if he was driving under the influence.
Nice to know that this best and fairest winner respects the law!


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Sorry but....

Post: # 479237Post Banger2Plugger »

Hey sorry but this was too funny to miss from dockerland!

http://www.dockerland.com/games/stagger.html


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Post: # 479274Post saintsRrising »

Well the AFL will be very happy with the delay....as it means that Cousins now neatly misses the PSD period for at least 12 months.


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Post: # 479287Post riccardo »

As I understand it, he had perscription drugs and told police he had no perscription (or refused to show one), which is illegal.


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Re: Cousins' Case Adjourned............

Post: # 479304Post Riewoldting »

The Herald Sun wrote:Cousins appeared red-eyed and wore silver-studded jeans, a white shirt, unbuttoned, and blue snake-skin boots.

He did not say a word inside or outside the court today - except to apologise to a court official who made him turn his phone off while he waited to appear.

But his lawyer Shane Brennan successfully sought a 90-day adjournment after telling Magistrate Steven Heath prosecutors had agreed Cousins could "continue with the program he is enjoined with in the US".

Outside the court, a red-eyed Cousins, wearing silver-studded jeans, a white shirt unbuttoned to half way down his chest and blue snake-skin boots, stood silently beside Mr Brennan as his lawyer answered media questions.
Well, I'm pleased to see that he kept his clothes on in the courtroom. That always creates a good impression with the magistrate.


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Re: Cousins' Case Adjourned............

Post: # 479308Post Cityboy »

Riewoldting wrote:
The Herald Sun wrote:Cousins appeared red-eyed and wore silver-studded jeans, a white shirt, unbuttoned, and blue snake-skin boots.

He did not say a word inside or outside the court today - except to apologise to a court official who made him turn his phone off while he waited to appear.

But his lawyer Shane Brennan successfully sought a 90-day adjournment after telling Magistrate Steven Heath prosecutors had agreed Cousins could "continue with the program he is enjoined with in the US".

Outside the court, a red-eyed Cousins, wearing silver-studded jeans, a white shirt unbuttoned to half way down his chest and blue snake-skin boots, stood silently beside Mr Brennan as his lawyer answered media questions.
Well, I'm pleased to see that he kept his clothes on in the courtroom. That always creates a good impression with the magistrate.
Can't believe there's no mention of his "new" Tattoo poking through a button hole.
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Re: Cousins' Case Adjourned............

Post: # 479309Post stinger »

Riewoldting wrote:
The Herald Sun wrote:Cousins appeared red-eyed and wore silver-studded jeans, a white shirt, unbuttoned, and blue snake-skin boots.

He did not say a word inside or outside the court today - except to apologise to a court official who made him turn his phone off while he waited to appear.

But his lawyer Shane Brennan successfully sought a 90-day adjournment after telling Magistrate Steven Heath prosecutors had agreed Cousins could "continue with the program he is enjoined with in the US".

Outside the court, a red-eyed Cousins, wearing silver-studded jeans, a white shirt unbuttoned to half way down his chest and blue snake-skin boots, stood silently beside Mr Brennan as his lawyer answered media questions.
Well, I'm pleased to see that he kept his clothes on in the courtroom. That always creates a good impression with the magistrate.
that it does..... :wink:


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Re: Sorry but....

Post: # 479310Post stinger »

Banger2Plugger wrote:Hey sorry but this was too funny to miss from dockerland!

http://www.dockerland.com/games/stagger.html
now that is funny..... :lol:


.everybody still loves lenny....and we always will

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Post: # 479332Post Dan Warna »

... so he can get treatment for an addiction he doesn't have? WTF...

this is stupid as the WCE player appologising for a statement the AFL tribunal said he never said and headland having his sentence scrubbed for being insulted by a statement that wotsisface never said ><

who is running what the pharkc around here?


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Post: # 479339Post Cityboy »

Dan Warna wrote:... so he can get treatment for an addiction he doesn't have? WTF...

this is stupid as the WCE player appologising for a statement the AFL tribunal said he never said and headland having his sentence scrubbed for being insulted by a statement that wotsisface never said ><

who is running what the pharkc around here?
I blame El Nino.
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Post: # 479346Post Dan Warna »

Cityboy wrote:

I blame El Nino.
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wheres clint?


Bewaire krime, da krimson bolt is comeing to yure nayborhood to smach krime

SHUT UP KRIME!
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