source : the age
Socceroos star Cristian Volpato has pleaded not guilty to driving with cocaine in his system and will challenge a fine worth hundreds of dollars, calling into question NSW Police’s roadside drug testing procedures.
Volpato, one of Australia’s breakout stars at this year’s World Cup, lost his international driver’s licence in late July after being caught speeding across Anzac Bridge twice in two hours – including once at almost 50km/h over the speed limit.
The 22-year-old has repeatedly denied taking illicit drugs. Volpato’s supporters raised concerns his drink may have been spiked while celebrating a friend’s birthday in Sydney’s CBD hours before he was stopped by police.
Police earlier this month fined Volpato $722 after a sample of his oral fluid taken for analysis when he was pulled over returned a positive result.
Volpato’s lawyer, Paul McGirr, said the 22-year-old had elected to challenge the infringement notice in the NSW Local Court.
McGirr is seeking access to body-worn camera footage from the officers who stopped and tested Volpato, as well as footage from inside the testing facility where his oral fluid was taken for analysis, to ensure the sample was not contaminated or taken incorrectly.
“Our client has never touched cocaine and strenuously denies consuming it ever,” McGirr previously said.
McGirr said Volpato had voluntarily undertaken independent drug testing in the hours after he was stopped that had returned negative results for cocaine.
In a statement issued days after Volpato’s initial positive result, his Italian club, Sassuolo, said the midfielder had taken further urine and blood tests upon his return to the club, which had returned negative results.
Cocaine can pass through the system and be undetectable in urine and blood tests within a few days. It is unclear when the club tested Volpato.
The driving offence, which is not a criminal charge, constitutes an absolute liability offence. Under NSW law, prosecutors are not required to prove Volpato knowingly took cocaine.
McGirr said under the law, Volpato would be forced to plead guilty to an offence he maintains he did not commit in lieu of any proof that the oral sample had been contaminated or incorrectly taken or tested.
Volpato returned to Italy to train with Sassuolo the day after the July incident and has scored twice in the team’s first five matches.
However, a hamstring injury has ruled the 22-year-old out of Australia’s friendlies against Brazil in Queensland later this month, absolving coach Tony Popovic and Football Australia of any immediate decisions over whether to select Volpato for the national team.
Volpato will be required to appear in court if the challenge to the fine progresses to a hearing.
Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.
