Man says his 'drug lab' could have been for essential oils
NAIM Ozturk spent the vast majority of his trial in court trying to prove the illegal glassware, a syringe and a category R weapon, that was found at his home had not been used to produce methylamphetamine.
However, none of the seven charges against the 44-year-old actually related to drug production and rather solely focussed on the variety of illegal things police found him with.
On Thursday the Bundaberg Magistrates Court heard police executed a search warrant at Ozturk's Scotland St home on February 20.
Officers found Ozturk at the back of the address and then conducted their searches.
From the witness box, Senior Constable Peter Carol told the court during the probe, a foam box with the word LAB written across the top of it was found amongst other personal items in a shed.
Inside the box was a collection of glassware, which Sen Const Carol said could be used to produce methylamphetamine, prompting a drug investigation team to be called in.
Amongst the items located at the home were two condensors, a distillation head, flasks and a category R weapon reaction vessel - the maximum penalty for which is seven years in prison.
After a crime scene was declared Ozturk became confrontational.
"It sort of looked from the start like it was going to become a physical altercation," Sen Const Carol said.
Ozturk's belligerent demeanor continued as he was walked out from the crime scene, with the man turning around and directing his body toward another officer, the court heard.
Constable Samual Declan Munsie, another witness who appeared in court, said the man was resisting as another officer tried to place him in handcuffs.
"He was trying to straighten his arms out," he said.
Representing himself in court, Ozturk asked a number of witnesses whether the glassware and the improperly disposed of syringe had been tested.
When the officers present in court told him they were not the chemists who'd conducted the tests on the items but rather the detectives tasked with locating them, Ozturk continued to press the matter.
From the bar table, Ozturk submitted he'd used the reaction vessel as a stove lighter and asked how police could be sure he hadn't been using the glassware to produce essential oils.
But Magistrate Neil Lavaring said that claim was "hardly believable" and found him guilty of all seven charges, labelling the "set-up" an "unsophisticated drug lab".
He also stressed Ozturk's matters weren't about any substances that may have or may not have been found on the glassware and other items, pointing out the charges weren't about a "substance but a thing".
Ozturk was given a head sentence of nine months suspended for three years. He was also fined $500 for the obstruct.
"It was a close call ... If you were found with drugs you'd be going to prison today," Mr Lavaring said.