Pubdate: Thu 11 Nov 2004
Source: Daily Telegraph (UK)
Copyright: 2004 Telegraph Group Limited
Contact:  http://www.telegraph.co.uk/
Details: http://www.mapinc.org/media/114
Author: John Steele, Home Affairs Correspondent
Bookmark: http://www.mapinc.org/heroin.htm (Heroin)
Bookmark: http://www.mapinc.org/find?236 (Corruption - Outside U.S.)

CUSTOMS DRUGS CASES SETBACK

More than 20 convictions, most for drug trafficking, could be overturned 
because of suspected malpractice and possible criminal offences by Customs 
investigators.

Evidence has been unearthed by secretive police inquiries, the Telegraph 
has learned.

Convictions secured in operations with Customs could be at risk

The Criminal Cases Review Commission, which decides whether suspected 
miscarriages of justice should be sent to appeal, has already sent two 
drugs cases to the Court of Appeal.

It is considering whether to refer 15 others, which are believed to relate 
to heroin imported from Pakistan.

They involve the "controlled delivery" of drugs, in which Customs 
investigators allow hard drugs to "run" into the country to catch those 
behind the trade. Four further Customs-led convictions - for alleged 
evasion of duty on alcohol centering on a bonded warehouse company called 
London City Bond - have also been sent to appeal and one has been quashed.

This is the latest setback for the Customs agency. It has already been 
criticised for an allegedly cavalier attitude to the rules of evidence and 
disclosure of material in some cases in the 1990s.

Many observers believe there may be further suspected miscarriages from old 
Customs cases.

Seventeen of the cases have been re-examined as a result of intelligence 
from a lengthy West Midlands police inquiry.

The Metropolitan Police, which has been investigating the warehouse case, 
is also examining Customs investigations into money exchange bureaux.

The Government is anxiously trying to protect recent Customs work under a 
new broom approach headed by Paul Evans, a former MI6 officer, as well as 
the many investigators who have complied with the rules.

Lord Goldsmith, the Attorney General, has removed the Customs agency's 
long-held control over its own prosecutions and is establishing an 
independent Customs and Inland Revenue prosecuting office similar to the 
Crown Prosecution Service.

Yesterday he appointed David Green, QC, a Crown Court recorder, to restore 
trust.

Mr Green said: "My priority will be the establishment of a genuinely 
independent prosecuting authority that is fair, impartial and accountable 
and that produces high quality casework. I am determined to restore 
confidence in the department so that we can punch our weight in the 
criminal justice system."

He will soon become involved in what is said to be "a real headache" 
arising from some of the controversial older cases: how much detail about 
the police inquiries to disclose to defendants in recent trials who are 
asking whether there was malpractice in their cases.

As a result of the West Midlands inquiry, three Customs investigators, one 
serving and two retired, are to appear in court charged with misconduct in 
public office.

Terry Byrne, the overall head of law enforcement at Customs, and its head 
lawyer, David Pickup, have been suspended as a result of the Scotland Yard 
inquiry. That has intensified the interest of current defendants in finding 
out about the police inquiries.

There is concern in wider police circles, particularly at the National 
Crime Squad, about the possibility that joint operations and convictions 
secured with Customs in the past might unravel if Customs is found to have 
failed to disclose material or has bent the rules.

However, it is understood that the National Crime Squad in particular has 
insisted in recent years on handling any informants in joint inquiries by 
its own rules and in consultation with the CPS.

Some detectives have commented wryly that Customs, which never missed an 
opportunity to point out police corruption in the past, is now being 
criticised for the kind of practices, particularly involving informants, 
that the police were forced to root out many years ago.
- ---