Bernadette Tamara Sear's astounding police drug claims
IN AN astounding outburst before three of the state's top justices, Bernadette Tamara Sear says cops cooked up drugs on her property while she was in police custody.
The Toowoomba woman made the allegation during a passionate submission to the Queensland Court of Appeal, which is considering her request to have a conviction quashed.
In October, and after a jury trial, Sear was convicted and sentenced to 18 months in jail for producing dangerous drugs.
The Crown's case against Sear and her co-accused Andrew Victor Beveridge was that they were producing pseudoephedrine in Sear's shed at the back of her home.
Sear's fingerprints were found on some items in the shed and items related to the manufacture of drugs were found in her home.
The jury was told they were producing pseudoephedrine, which would then be used to manufacture methamphetamine.
Both Beveridge and Sear were convicted, with the former copping two years in jail and parole in October, 2019.
Sear was sentenced to 18 months with parole eligibility in July.
Sear represented herself in the Queensland Court of Appeal on Tuesday.
She claimed the conviction should be thrown out because there was not enough evidence to convince a jury beyond a reasonable doubt that she was involved in the drug operation.
She claims she thought the equipment in her shed was used to make alcohol and that it was left there by a previous tenant.
She told the appeal justices that while she was in police custody on the day of her arrest, officers allowed the equipment to produce pseudoephedrine.
"I was arrested at 1.20pm," Sear said.
"They (police) did not turn it (the drug making equipment) off until after 5pm.
"That liquid was made while I was in the police cells."
Sear also claimed an officer lied on his application for a warrant and while he was giving evidence to the jury.
She said the reason her fingerprints were found on items in the shed was because she had touched the equipment when she found it after the shed's resident left the property.
"I cannot imagine how I could have been convicted for the production of meth without having the knowledge or the ingredients to make it," Sear said.
"It had to be proved beyond a reasonable doubt - beyond a doubt."
Sear also claimed the Crown prosecutor who oversaw her trial "confused" the judge and the jury, that the defence team was pressured into ending their case swiftly and that a Crown witness knew a number of people on the jury.
Crown prosecutor Philip McCarthy told the court the jury was right to convict Sears because there could be no other reason for the production of pseudoephedrine than to eventually produce the drug ice.
He also pointed out that a cooking implement in her barbecue contained traces of pseudoephedrine and the electric cord for that item was in her house.
He said police also found in her home a pH testing kit, a hydrochloric acid bottle and a Pyrex measuring jug, which were all needed to create the drug.
The Court of Appeal has reserved its judgment for a future date. - NewsRegional