Trial looms in Mount Buller drink-spiking case

A Melbourne socialite accused of spiking another woman's drink with an illicit substance at Mount Buller last year has been ordered to stand trial after the Mansfield magistrate rejected a bid by both the prosecution and defence to resolve the matter through diversion. Amy Tossoun, 34, appeared before Mansfield Magistrates' Court last week charged with possessing illicit drugs and introducing a drug of dependence into another person's body following an alleged incident on Mount Buller in July last year. Ms Tossoun sought to have the matter dealt with by way of diversion, a legal option that can allow eligible accused persons to avoid a criminal record. The proposal was also supported by police and the alleged victim. However, Magistrate Amina Bhai ruled the allegations were too serious to warrant diversion, finding there was a strong public interest in the matter proceeding through the courts. The decision means the case is now set to become a lengthy contested hearing in Shepparton, expected to run for at least four days and involve multiple witnesses, CCTV footage and legal challenges to key pieces of evidence. The charges relate to an incident alleged to have occurred during a social gathering at Mount Buller on the night of 26 July 2025. Prosecutor Sergeant Karen Knotley told the court that Tossoun and the complainant were among a group of friends who attended dinner at a restaurant before later moving to a hotel. Police allege CCTV footage captured events that unfolded at the hotel at about 10.37pm, with police alleging the footage shows Ms Tossoun placing MDMA into a vodka soda drink before stirring it and later giving the drink to the complainant, swapping it with one she already held. Police allege the complainant unknowingly consumed the substance before later becoming seriously unwell. She then returned to her accommodation where she experienced dizziness, clamminess, cold sweats and a racing heartbeat. Fearing she was suffering a heart attack, medical assistance was sought before she was eventually transported by ambulance to Mansfield District Hospital where, according to police, she tested positive for MDMA. Police also alleged they located MDMA in Ms Tossoun's possession two days after the incident. Defence lawyer Michelle Button told the court her client had no prior criminal history. Ms Button submitted that a diversion was supported by both the complainant and the informant, arguing the matter arose in a social setting involving poor judgement with her friend, rather than deliberate criminal behaviour. The defence also sought an order excluding the media from the courtroom, arguing ongoing publicity had taken a significant toll on Ms Tossoun's psychological wellbeing. Her defence said, “for the mother of three to wake up on Mother’s Day morning to see herself and this case on the cover of the Herald Sun was extremely difficult.” That application was flatly refused. In refusing diversion, Magistrate Bhai said the allegations were too serious for diversion. "You took away the right of another person to say no to consuming an illicit substance," the magistrate said. "Not only did you take away her right to say no to that, but she also didn’t know what was happening to her as a result of that." Following the ruling, the defence confirmed the matter would proceed to a contested hearing. Ms Button told the court all issues remained in dispute, including aspects of the prosecution's CCTV evidence and the defence intends to challenge the admissibility of certain material, including body-worn camera recordings. Sergeant Knotley described the CCTV evidence as comprehensive, telling the court it consisted of continuous footage from multiple camera angles and formed a significant part of the prosecution case. Six witnesses, including the complainant, are expected to be called. The matter is listed for a further mention at Mansfield Magistrates' Court on 14 October, with proposed trial dates in Shepparton flagged for 3, 4, 8 and 9 December.