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  • Police to drop charge of refusing a test against Cousins
  • Charge dropped because cops didn`t follow procedure
  • Cousins the first person charged under new laws

POLICE in Western Australia have apologised to Ben Cousins after an extraordinary error led to a traffic charge against him being dropped.

It is the second charge against the former West Coast Eagles AFL player arising from a traffic stop on October 16 to be withdrawn.

Assistant Commissioner John McRoberts today admitted police got it wrong when they charged Cousins with refusing to undergo a driver drug test after the former star footballer`s vehicle was pulled over in Northbridge.

Cousins was taken to police traffic headquarters where he was assessed by a senior officer, who ordered the test.

But under new legislation which came into force days earlier, only the officer who pulls a driver over can make the assessment.

Cousins was the first person to be charged under the law, which police may seek to amend.

The problem was identified during a review of the police handling of the charges and was withdrawn on legal advice.

"I am more than happy to apologise about the laying of this charge,`` Mr McRoberts said.

"The officers acted in good faith and they thought they were doing the right thing. Unfortunately they got it wrong.``

A drug charge against Cousins arising from the same incident was dropped after police conceded there was no basis for it.

Those charges related to diazepam tablets found in Cousins` vehicle, which is classed as a prohibited substance only in liquid form.

Cousins was sacked by his club and was charged by the AFL with bringing the game in to disrepute after the police charges were laid.

West Coast Eagles spokesman Gary Stocks said the dropping of the charges would not change the club`s decision.

"This development does not change the club position or the decision made to terminate Ben`s contract because of repeated and serious breaches of his agreement with the club,`` he said.

"At the time the decision to terminate Ben`s contract was made, it was emphasised that the decision was not dependant upon results of the police charges and that remains the situation.

"No club official will be available for further comment on this matter.``

The outstanding charge will be withdrawn later today and finalised in court tomorrow.

Cousins` lawyer Shane Brennan said today it was no surprise the second charge against Cousins had now been dropped.

"It was not unforeseen that this would occur, as with the other charge," Mr Brennan said.

Cousins had been caused obvious grief but Mr Brennan congratulated police for admitting their mistake.

"The police were dealing with new legislation, they have reviewed this quickly and I think it`s unreasonable to congratulate them for dealing with this matter quickly and for coming clean," Mr Brennan said.

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