‘Drug cook’ escapes charges due to ‘Breaking Bad’ defence

An ‘backyard drug cook’ has escaped a manslaughter charge over the death of a friend who died in a drug lab explosion seven years ago.

The Director of Public Prosecutions was forced to withdraw the charge against the man (who can legally only be known as CLD) because of the so-called ‘Breaking Bad defence, according to the Daily Telegraph.

The 23-year-old victim (who can legally only be known as M) died from severe burns in 2010 after a rural drug lab on a Kemps Creek property exploded.

A backyard drug lab in Kemps Creek exploded in 2010, killing a man and badly burning another

The surviving man has escaped manslaughter charges by using the 'Breaking Bad' defence

The surviving man has escaped manslaughter charges by using the ‘Breaking Bad’ defence

Precedent was set in August when the High Court ruled that Ryde woman Irene Lin should not face a murder charge after her ‘meth cook’ Zhi Min Lan was killed in a similar explosion in Ryde four years ago.

It was decided that Lin would not face murder charges as it could not be proven who lit the burner that later exploded, according to the Daily Telegraph at the time.

Lin’s lawyer Leo Premutico said: ‘The decision of the High Court is significant and will have wide-ranging impacts because all other courts will be bound to follow it when deciding similar cases.’

The Daily Telegraph has called the decision ‘a huge blow to the police battle against suburban and rural drug labs’. 

The that police attended the property after an explosion so big that witnesses heard the ‘sound wave’ and found both CLD and M suffering from life-threatening burns.

Both were rushed to Liverpool hospital, where M later died while CLD spent three months in recovery.

Police officers, firemen and paramedics arrived at the scene of the drug lab explosion in 2010

Police officers, firemen and paramedics arrived at the scene of the drug lab explosion in 2010

But when prosecutors tried to charge CLD with manslaughter after the death of M, they were forced to drop the charges.

It was argued that CLD was ‘party’ to the manufacture of illicit substances and that the ‘dangerous process’ cooking the drugs caused the deadly explosion.

However, lawyers representing CLD argues that it could not be proven what started the fire, according to the Sydney Morning Herald.

Carla Velasquez, CLD defence counsel, said, ‘This extends to the possibility that M might have caused the fire — and his own death — by lighting a cigarette. 

‘And if M has killed himself then my client can’t be held responsible because it does not meet the definition of manslaughter.’

The backyard drug lab exploded seven years ago, killing a man and severely burning another

The backyard drug lab exploded seven years ago, killing a man and severely burning another

Investigators discovered live ammunition, textbooks, gas bottles, glass and drums in the ashes

Investigators discovered live ammunition, textbooks, gas bottles, glass and drums in the ashes

However, CLD is still facing a drug manufacturing charge, and is yet to be sentenced. 

The explosion reduced the entire drug operation and lab to ash and debris, under which was buried gas bottles, glassware and drums.

Inside the property, investigators discovered live ammunition and textbooks, one of which was titled Physical Chemistry For Students Of Medicine and another was titled Uncle Fester’s Secrets Of Methylamphetamine Manufacture 7th Ed.

Read more at DailyMail.co.uk