1st Sept 87




September 1987    Salesman fined for cocaine

St. George's Club salesman Stanley Walenciak Jr. was yesterday fined $400 when he admitted possessing 0.05 grams of cocaine.  Walenciak, 37, was stopped by police (P.C. Swift) on Front Street early on May 1 on a traffic matter.   He was taken to Hamilton police station where officers searched him and found the 75% pure drug.  Magistrate the Wor. John Judge told the Trimmingham Hill, Paget, man: "You are very foolish to play around with cocaine.  You'll kill yourself if you don't stop".

The events, as recorded in my pocket book (Book 2, page 69), were as follows:

1st may 1987 - Night Duty, general patrol with WPC Whitter

0345hrs    arrest Stanley Robertson Walenciak (Trimmingham Hill, Paget).  Seen in car park opposite Cocobamba (night club) sound of car horn from the vehicle, it was the only car with anyone in it in the car park and then shouting from the vehicle.  Vehicle drove into Front Street and I stopped it outside Pamela Langton (travelling East).  I went to the driver who I now know as Mr Stanley Walenciak"I'd like to have a word with you, please turn the engine off and step onto the pavement".  Walenciak's eyes were wide open, pupils dilated, he looked very tired.  He stepped out, toward me.  I stood on the pavement, he in the road.   He was leaning forward and said "I'm very sorry, I apologise, I shouldn't have been making all that noise".  His speech w as slow and precise.  I said "You are leaning forward, are you all right?".  There was a slight camber and he had his feet together, now out of the car.  Mr Walenciak looked vacant and not compus mentus.  At this stage I could smell that he had been consuming alcoholic beverages, he was breathing fumes in my direction.  I said "can you step onto the kerb".  This he did, still leaning forward.  I said "What have you been drinking tonight?"  he said "I've been in Cocobamba, I'm running a friend home".  I said "Okay, but I'd like to know how many drinks you have consumed tonight".  Mr Walenciak replied "Just 3".  There was a pause and he continued in the same manner "I'm sorry about the noise".  I said "I understand that, but I suspect that as a result of your having been drinking tonight your driving is impaired.  As a result I am arresting you.  I shall require a specimen of breath from you at the police station, will you provide this?"   He replied "Yes, sure, anything".  I then cautioned Mr Walenciak and he replied "But it was Tia Maria, it's very aromatic".  Mr Walenciak was conveyed to Hamilton Police Station.  During the journey we had a conversation re what was about to happen.  reiterated that a demand had been made for a sample of breath and that Mr Walenciak had agreed, this he confirmed.

0355hrs    To gaol area

0423hrs    1st test taken by PS Paynter.   231 @ 0425:25

0430hrs    To gaol area.  Searched after I had asked Walenciak to empty his pockets.  Walenciak was wearing a blue light weight jacket. 2x breast pockets fastened by single button.  I searched the left hand one, as I went to the right hand pocket Mr Walenciak had his right hand held loosely against the material.  I initially ignored this, placed my right hand into the pocket.  As I did so Walenciak kept his hand against the pocket only now I could feel some resistance from his hand.  I said "what's in the pocket?".  No reply.  I took hold of a small piece of cellophane and before withdrawing it said "And what's this?"  Mr Walenciak said "Cocaine".  I said "Where did it come from?".  Mr Walenciak said " Just before you stopped me this guy gave it to me and ran off".  I said "Who the person   in the car with you?"  Mr Walenciak said "No, not him, another guy who scarpered".  I placed the suspected controlled drug in a bag and sealed it.

0445hrs    To alco analyser room and PS Paynter.  2nd test 199 @ 0447:59.  Mr Walenciak said "Look can I explain about the drug, I really am not a user it was given to me, I want you to understand that".  I said "Just wait, I'll take a statement from you later when you've sobered up and had a chance to think".  Mr Walenciak said "But I want you to understand, it's important, I've never used the stuff.  I said "Just wait, now's not the time to talk".  Mr Walenciak was insistent.  I said "If you insist but I must remind you that you are under caution and that you don't have to say anything.  Mr Walenciak said "Yes, you said earlier, I know, just let me explain, please.  I was with some girls, you know how it is, one of them put it in my pocket.  I thought it was weed at first, we were going to meet up at White Sands later for a party, she just asked me to look after it".  I said "Why would she do this?"  He relied "I guess she was scared about getting caught with it".  I said "Why have you changed your storey ?  You were given it by a mate in a car park earlier"  Mr Walenciak replied "No, it wasn't in the car park I was in the arcade, leaving the Cocobamba".  I replied "But you said a man gave you the stuff"  Mr Walenciak said "No, it was a woman I met in Cocobamba.  I said "earlier you said it was a man, I asked if it was the chap in the car with you and you said it wasn't but that it was a 'him'.  Mr Walenciak made no reply and was taken to the gaol area.

0500hrs    In gaol area, relieved Butler for gaol duties.  Mr Walenciak was still out (in the reception of the gaol area) and said "You must believe me that I didn't know what it was"  I said "But I made no reference to cocaine, you were the one that mentioned it and you told me what the stuff was before I took it out of your pocket"  Mr Walenciak said "I know, I know, is there anything I can do to help my situation"  I said "Yes, you can be quiet, make a phone call and if you wish to contact a barrister I'll take a statement from you at 8am if you wish, then your barrister can be present"   Mr Walenciak said "Okay, but just know that I didn't realise what I'd got, the shock dawned on me when you searched me"  I said "But you attempted to prevent me from searching your pocket2  Mr Walenciak said "But I didn't use force, I could have disposed of it earlier, swallowed it"  I said "Why?   You claim you didn't know what was in it"  Mr Walenciak said "I didn't"  I said "Look on the bright side, it may not be cocaine, I've yet to have it analysed"  Mr Walenciak said "Is that right?"  I said "Yes, but you seem convinced that it's cocaine"  Mr Walenciak said "I don't know, I haven't tasted it"  I said "Would you know what it tasted of?"  Mr Walenciak said "No".  I said "When I searched you I asked you to empty the contents of your pockets onto the desk.  This you did,but the only thing you failed to produce was the small packet, surely you must realise that, as guilty knowledge goes, that's a pretty good indication that you knew what you had?.   Mr Walenciak replied "Maybe, but I was scared".

0600hrs    to the cell.  Corres and notes completion

0700hrs    Mr Walenciak out of cell to phone Kim White, informs me he has already done so, to interview room on arrival of Kim.

0809hrs    Statement taken in presence of Kim

0850hrs    statement concluded    

$400 Fine






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