'He goes to the gym hard': Man's 'mixing' of controlled drugs lands him in court

After police discovered a cocktail of controlled drugs at a man’s home, the explanation offered was that he would “mix” them to help with recovery after he “works out at the gym hard”.

According to a police summary of facts, the Pāpāmoa man, who is in his late 30s, was found to have 21 different controlled drug products, including performance-enhancing drugs (PEDs), erectile dysfunction drugs and female infertility drugs.

PEDs, commonly referred to as “steroids”, were medicines controlled in New Zealand under the Medicines Act 1981. Selling or possessing steroids without an exemption was an offence.

The man, who can keep his identity secret for now, did not have a prescription or a reasonable excuse for having the PEDs in his possession and has pleaded guilty to the breach.

According to the summary, PEDs are illegally traded in New Zealand, commonly between like-minded people within the fitness or body-building community, often to assist in mass muscle growth, and can be taken in a variety of forms, including orally as a tablet or as a solution which can be injected.

The 21 drugs the man had in his possession included liquid vials, tablets and sprays.

At a hearing this week in the Tauranga District Court, Judge Jo Rielly questioned defence lawyer Rita Nabney about whether the police agreed they were all for personal use, noting there were “a lot of different drugs” and some were for female infertility.

Nabney said she understood the drugs were all for his personal use.

“He works out at a gym and he mixes up different drugs to help him in recovery for his gym work,” she said.

Given the man had now pleaded guilty, she was asking for the man to be sentenced to a fine.

However, police prosecutor Tina Smallman said there had been no indication sentencing would be sought that day and police would need more time to prepare submissions on the appropriate outcome.

According to the summary, police were seeking forfeiture of cash recovered from the address and Smallman said she needed to ascertain further details about that.

However, Nabney hadn’t been aware that police were seeking that, having understood police to have taken money from “children’s money boxes” and “cash out of his wife’s handbag”, and she didn’t think there would be grounds for forfeiture.

Nabney explained that the search warrant came about as a person known to her client had been investigated for “importing drugs” and had used her client’s address, which prompted the search.

However, the charges that had arisen for her client only related to personal possession, as opposed to importation.

Nabney pointed to a medical certificate that related to recovery from a surgery and said he had been using the drugs in his recovery and that he “works out at the gym hard”.

The judge repeated that there were “a lot of drugs listed” in the summary and given the police had not been expecting a request for sentencing, it was fair to adjourn to a later date.

“I also think they need to make it clear to you whether they’re seeking forfeiture of cash,” she said, noting there were no allegations he was dealing, so there “may not be grounds” for forfeiture.

The summary of facts stated there were different quantities of cash, both in New Zealand dollars and foreign currency, located in the safe in the main bedroom of the house.

Nabney sought interim name suppression to continue until sentencing, so that she had time to apply for permanent suppression.

She said the man’s business might be impacted if his name were to be published.

The judge granted interim suppression but said evidence and submissions in support of the order being made permanent would need to be provided before sentencing, which will take place in February next year.

Hannah Bartlett is a Tauranga-based Open Justice reporter at NZME. She previously covered court and local government for the Nelson Mail, and before that was a radio reporter at Newstalk ZB.