By Brendan Rees
A former AFL footballer and known South-East superstar who pleaded guilty to a series of drugs and weapons offences, including possessing an unregistered handgun, has been spared jail.
Justin Lee Berry, 36, of Dandenong North, faced charges of trafficking methylamphetamine, ecstasy and butanediol over a three-year period in the Dandenong Magistrates’ Court on Friday, 2 March.
Berry was also charged with possession of a taser, knuckle dusters, a flick knife, 9mm pistol ammunition, an imitation firearm, stolen bank cards and driver licences, multiple plastic snap lock bags containing drugs, and a stolen Yamaha motor bike valued at more than $7000.
Judge Jack Vandersteen praised Berry for his engagement with drug treatment during his CISP bail program after he was arrested during a police raid at his home on 29 September last year.
Berry was given a 12-month community corrections order and ordered to perform 250 hours of unpaid community work for 12 months.
“While you’ve been undertaken to that program, you have attended every condition and gone over and beyond what was required of you in terms of maintaining your rehabilitation,” Mr Vandersteen said.
“Had you not pleaded guilty to the charges before the court, I would have sentenced you to nine months’ imprisonment and placed you on a 12-month community corrections order,” he said.
Berry was drafted by St Kilda in 2001 and played top-up games with Carlton in the VFL. He has been a superstar in Melbourne’s South-East, with stints at Cranbourne, Devon Meadows, and Garfield as well as Frankston’s VFL side.
Mr Vandersteen credited Berry for being co-operative with police, gaining employment, focusing on his family and acting as a role model and volunteer at his local football club. “You’ve done everything right. You place yourself in a very strong position,” he said.
Mr Vandersteen noted Berry’s age, his limited criminal history, his full admissions to police, and the fact that he kept up his drug rehabilitation.
He said it was important for Berry to ensure he upheld high standards if he chose to be involved in sporting clubs.
Berry’s lawyer, Jacqui Caust of Dandenong Legal Aid said Berry was remorseful and was motivated in keeping his appointments with his counsellor.
His 12-month CCO includes supervision, and drug and mental health treatment. Seventy-five hours of Berry’s rehabilitation may be regarded as unpaid community work.
