A project manager who lost his job after being arrested at Melbourne Airport on drug importation charges has been granted diversion on a minor cocaine offense. Bernard McDowell, 33, appeared in Melbourne Magistrates' Court on Monday, having returned from competing in a marathon in London over the weekend.
McDowell was granted diversion after accepting responsibility for being caught with a small quantity of cocaine, described by his lawyer as less than 0.1 grams, on February 15. The charge of importing the drug was criticized by his legal counsel, Zarah Garde-Wilson.
"He has suffered significant detriment... [the media] published a story... as a result he lost his job and he's been suspended as an athlete," Garde-Wilson told the court. She argued that the withdrawn charges, which included attempting to import fentanyl and the unapproved synthetic peptide BPC-157, "should never have been laid" in the first place.
McDowell had been arrested by Australian Federal Police after the alleged substances were seized. The Daily Mail reported that initial charges included attempting to import a marketable quantity of fentanyl and cocaine, as well as BPC-157. However, all these more serious charges were reportedly dropped after testing on the fentanyl and peptides returned negative results.
McDowell, who has a bachelor's degree in applied sciences and construction management and has worked in the construction industry, faced further accusations related to BPC-157, an experimental synthetic peptide not approved for human use and banned by anti-doping agencies. According to reports, testing on the alleged fentanyl and peptides yielded negative results, leading to the withdrawal of these charges.
Garde-Wilson emphasized the minimal quantity of cocaine involved, suggesting it would typically be handled with a disposal order at the airport. She described the evidence as an empty bottle with residual dust. She requested a minimal diversion period, given the detriment McDowell had already experienced, including job loss and suspension as an athlete.
Prosecutors suggested McDowell undertake a drug awareness course, but the magistrate declined. Instead, McDowell was ordered to donate $200 to the mental health charity Beyond Blue. He received a same-day diversion order, which concluded on the day of the hearing.
McDowell is an accomplished triathlete and is known within athletic and construction circles. The news of his initial arrest came as a surprise to these communities. Fentanyl, a potent synthetic opioid, has become a significant concern in cities like San Francisco, Philadelphia, and Baltimore and is beginning to appear in Australia. Peptides like BPC-157 are marketed on social media for various health and wellness benefits, though medical professionals caution that many are unregulated and have only undergone animal testing.