A TAMWORTH man who admitted to drug dealing last week will now stand trial after an unusual backflip in court.
Subscribe now for unlimited access.
or signup to continue reading
Dylan Rutter last week pleaded guilty to supplying MDMA, or ecstasy as it's commonly known, but his sentencing hearing took a different turn of events in Tamworth District Court on Wednesday.
The 32-year-old had his plea of guilty vacated after it emerged the Crown prosecutor planned to enter covert phone recordings from co-accused Mark McDonald's house into evidence.
The court heard Rutter would go to trial on an illicit MDMA drug supply charge in June next year, with "uncharged acts" to be used as evidence to raise the alleged bad character of the accused.
Rutter's defence barrister Ben Cochrane raised issue with the trial given his client had been prepared to enter a plea of guilty on the basis of negotiations between himself and the prosecutor.
Those concerns were dismissed by Judge Jeffery McLennan.
"If you have any suggestion things are being done unfairly to your client, and the Crown is taking advantage of a position that caused your client to enter a plea of guilty, I think the only fair thing to do is list the matter for trial," he said.
"It's the only fair thing to do in relation to the conflict that's arisen.
"In your submission, it cries out for a trial in respect of these other matters, but there seems to be a suggestion your client has been led into a position.
"That is something I don't want left hanging in the air."
Rutter sat in the dock, and was flanked by family, while Crown prosecutor Geoff Kidd told the court the trial is expected to take two-to-three days.
Read also:
"The entirety or vast majority of the Crown case is a series of covert recordings installed at Mr McDonald's house; it's a process of playing those individual recordings and some evidence from police," he said.
The court heard there was some video evidence to be played in the trial as well.
Detectives allege Rutter was involved in the supply of ecstasy in Tamworth in November 2017.
He was charged as part of Strike Force Kotzur, a secret police sting set up to investigate an alleged drug ring involving co-accused, personal trainer Mark McDonald.
Rutter's previous plea of guilty was formally vacated; he will now stand trial in June next year. Judge McLennan continued Rutter's bail.
Madeline Link
Madeline Link is a journalist at the Newcastle Herald, with a focus on Lake Macquarie City Council. To keep up with my stories, follow my Twitter @madeline_link, for tips email madeline.link@newcastleherald.com.au.
Madeline Link is a journalist at the Newcastle Herald, with a focus on Lake Macquarie City Council. To keep up with my stories, follow my Twitter @madeline_link, for tips email madeline.link@newcastleherald.com.au.
