A Cronulla man found in possession of a small amount of cocaine during a wild buck’s night in Wollongong has had a drug conviction overturned on appeal.
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A highly intoxicated Ryan Keith Swaine had been celebrating a friend’s impending nuptials at the Novotel Wollongong Northbeach hotel when his behaviour turned disruptive in the early hours of September 21, including running up and down hallways and making large amounts of noise.
Hotel staff eventually tired of the 29-year-old’s conduct and asked him to leave, however he refused, and began verbally abusing them, prompting police to be called.
But when officers arrived about 20 minutes later they discovered Swaine and his mates had still not left the hotel, despite repeated requests from staff to do so, and were continuing their disruptive behaviour.
Police repeatedly knocked on the door of Swaine’s room, but received no answer, court documents said.
They eventually forced the door open to discover that a rolled-up towel had been wedged against the bottom of the door to prevent access.
Swaine and the other male occupant of the room were asked to leave, and again refused, becoming ‘‘argumentative and quarrelsome’’, police said. When an officer placed his hands on Swaine’s shoulder to guide him out of the room, Swaine brushed it off aggressively, the court heard.
Police eventually escorted Swaine to the foyer, where he sat down to put his shoes on; however, he then refused to leave the hotel, resulting in a wrestle with police when they took hold of him.
He was taken to Wollongong police station, where officers found a small amount of cocaine in his wallet.
Swaine was charged with failing to quit [a premises], resisting police and drug possession.
In the District Court on Friday, Judge Paul Conlon upheld the Local Court convictions in all but the drug possession matter.
He accepted submissions from Swaine’s lawyer that having a conviction for cocaine possession on his record could place his current employment with a global drug manufacturing company GSK in jeopardy.