THE lawyer for one of the Gold Coast Titans embroiled in football’s cocaine scandal has demanded the charges be dropped, saying the case against him is “simply non-existent”.
Chris Nyst, one of Queensland’s top legal eagles, representing Titans 2014 player of the year Beau Falloon, has written to the Department of Prosecutions and Gold Coast CEO Graham Annesley, calling the case weak and “doomed to fail”.
Mr Nyst says the charge of supplying cocaine comes down to a series of vague text messages and phone calls, and the charges should be thrown out before they even reach court.
“On the basis of what they have shown us there is no case against our client,” he said.
“It’s simply non-existent.”
The Crime and Corruption Commission will allege Falloon sent accused cocaine cartel kingpin John Touma a text message hours after the Titans’ final game of 2014 saying: “The season starts now”.
It is also alleged Falloon rang Touma to arrange a meeting.
Falloon was charged with supplying cocaine on the same day as Queensland Reds star Karmichael Hunt and was promptly suspended from club duties.
However, Mr Nyst said information received from the CCC’s year-long probe into a multimillion-dollar cocaine cartel operating in southeast Queensland offered no hard evidence against Falloon.
Lawyer Chris Nyst says the case against Titan Beau Falloon is “non-existent”.
Lawyer Chris Nyst says the case against Titan Beau Falloon is “non-existent”.
“It is patently obvious to me that the (case) summary disclosed absolutely nothing to prove Mr Falloon supplied or received anything at all,” he said.
“In my view any competent lawyer would conclude from the disclosed material there is no case against Mr ­Falloon on any of the charges against him.”
In a letter to the Department of Prosecutions, Mr Nyst called for the charges to be dropped before the case even reaches court
“The prosecution (as it stands) should be discontinued forthwith, to ensure there is no further damage to our client, to his employer, or to the public at large.”
He also wrote to Annesley calling for Falloon’s immediate return to the playing squad.
Fellow Gold Coast defence lawyer Campbell MacCallum, who is representing six other past and present Titans charged with supplying cocaine, said he was equally confident his clients would beat the charges.
Mr MacCallum said he would meet with prosecutors Monday and hoped to address the Titans’ board as soon as tonight to call for the reinstatement of suspended clients Greg Bird, Dave Taylor, Jamie Dowling and Kalifa Faifai Loa.
“I will be requesting that the players be reinstated,” he said.
“They have instructed me that they want to play in the first round.”
However, Titans chief Annesley said it was “unlikely” the players would be able to return to the fold before Round 1.
A spokesman for the CCC said the organisation would not be making any further comment while the matter was before the court.
Hunt, Falloon and Dowling will face Southport Magistrates Court on Thursday, with Bird, Taylor, Faifai Loa and former Titans Joe Vickery and Ashley Harrison set to appear four days later.
A warrant has been issued for former Titan Steve Michaels who is playing in England but faces arrest on his return. All will face charges of supplying cocaine.
The CCC does not allege that those players are involved in trafficking.
Those allegations have been levelled against three other former footballers — Touma, Jason Smith and Matt Seers.
They will also face court on drug charges in coming weeks.
