A mother whose 13-month-old son died last week has appeared in court on drug charges.
Lina Marie Daley appeared in Cairns Magistrates Court on Friday charged with possession of methylamphetamine and a glass pipe allegedly used to smoke ice.
The 20-year-old initially pleaded guilty to two offences but later tried to retract her plea, after it was revealed she was ineligible for a court diversion program.
Lina Marie Daley (pictured with her son, Makavelii) appeared in Cairns Magistrates Court on Friday in relation to drug charges
Lina Marie Daley (pictured) appeared in Cairns Magistrates Court on Friday charged with possession of methylamphetamine and a glass pipe allegedly used to smoke ice
Magistrate Raimund Heggie said the amount of drugs allegedly found on Ms Daley’s person was twice the permissible amount for diversion, Cairns Post reported.
If she had been eligible for the program, Ms Daley could have had the matter dealt with out of the court system, giving her a chance to avoid a criminal record.
Daley was stopped by police outside a Manunda home in Cairns about 4am on September 12, 2017, and the car she was allegedly driving was searched by officers.
Sergeant Amy Rennie told the court, after searching the vehicle, two grams of an illegal drug and a utensil were found in a bag Daley told police was hers.
When Ms Daley’s solicitor Penny Hallam asked Magistrate Heggie to vacate the guility pleas, he asked her if there was any reason why the pleas should be vacated.
Ms Hallum said Ms Daley’s guilty pleas were only given on the basis that she could do the court diversion program.
Police and ambulance services were called to the house on Sunrise Street at about 9am on Tuesday, where they found Makavelii Leoni (pictured) not breathing
‘The fact that a particular form of sentence is no longer available in itself doesn’t justify withdrawing a plea,’ Magistrate Heggie said.
While Magistrate Heggie declined to remove the pleas from the record, he said he would only be looking at a fine and adjourned the matter until next month.
Ms Daley’s appearance in court comes just days after her 13-month old son died after allegedly having a heart attack at the family home in White Rock, Cairns. It is not suggested that the death was drug related.
Police and ambulance services were called to the house on Sunrise Street at about 9am on Tuesday, where they found Makavelii Leoni not breathing.
Detective Acting Inspector Rob Campbell told media on Wednesday emergency services performed CPR on the boy before rushing him to Cairns Base Hospital but he was declared dead on arrival.
Police investigations are still underway and detectives are waiting for forensic results to help determine the cause of death of the toddler.
Emergency services performed CPR on Makavelii (pictured with his mother Lina) before rushing him to Cairns Base Hospital but he was declared dead on arrival