Pubdate: Tue, 05 Jul 2005
Source: Yorkshire Post Today ( UK )
Copyright: 2005 Johnston Press New Media
Contact:  http://www.yorkshiretoday.co.uk/
Details: http://www.mapinc.org/media/3780
Author: Amy Binns
Bookmark: http://www.mapinc.org/heroin.htm (Heroin)

DRUG WAR CUSTOMS OFFICIALS 'OUT OF CONTROL'

Five Win Appeals Over Heroin-Case 'Stings'

CUSTOMS officials engaged in the war against heroin in the 1990s were 
so out of control that they contributed to and even funded the 
international drugs trade, Appeal Court judges were told yesterday.

Five men, including Bradford father-of-eight Hussain Shah, had their 
convictions formally quashed after the court heard the facts about 
the relationships between drug suppliers, customs officers and paid informants.

Mr Shah, now 51, was sent to prison for four years in one of a series 
of drug smuggling cases based on "controlled deliveries", in which 
Customs officers would fly a well-paid informant from Pakistan to 
Britain to take part in delivery of the drugs to a "customer", who 
would then be arrested.

The informant -- sometimes a professional whistleblower with no other 
source of income -- would pay his drug supplier out of his reward 
money.  He could repeat the operation later, guaranteeing income for them both.

Defence lawyer James Wood QC earlier told the court: "Significant 
quantities of heroin were permitted to be distributed on to UK streets.

"Such rewards were paid to informants that the international trade in 
heroin was, in part, funded.

"All the while, the courts of the UK, and the authorities in 
Pakistan, were kept in ignorance of the true role which officers of 
Customs and Excise and informants were playing."

Yesterday, appeal judge Lord Justice Hooper ruled that Customs and 
Excise in London were well aware of the dangers of someone being "set 
up" in this country by those involved in the 
supplier-informant-courier system, yet the full picture of what 
occurred was never disclosed in the five cases.

Four of the men, including Mr Shah, have served their jail terms, and 
a London man was granted bail last year pending appeal.  They all 
claimed to be wrongly accused on the basis of information from paid 
informants who had set them up.

Mr Shah, whose family lived in Bradford and had grocery shops in the 
city as well as in Leeds and Huddersfield, was jailed for four years 
at York Crown Court in 1997.

After his conviction, he claimed he had been double-crossed by 
Customs officers after he had helped them set up a series of "stings" 
in Pakistan.

Three major drug-smuggling cases, involving heroin worth more than 
5m, collapsed after Mr Shah offered to give inside information about 
the controlled delivery system to defence lawyers.

Others involved in the hearing were Mohammed Ashraf Choudhery, 60, of 
Salford Quays, Salford, and his son, Mohammed Warris Ashraf, 37, of 
Cheadle, Stockport, who were were jailed for 14 and 12 years 
respectively at Manchester Crown Court in 1997.

Sadaat Maqsood Ahmed, 49, of Ealing, west London, was jailed for 20 
years at Harrow Crown Court in 1997.  He was granted bail last May 
pending the outcome of his appeal.  Jameel Akhtar, 35, was jailed for 
13 years in 1997 at Birmingham Crown Court.

They Will All Be Pursuing Compensation Claims

Lord Justice Hooper, sitting with Mr Justice Roderick Evans and Mr 
Justice Pitchers, said defence lawyers argued there had been 
deliberate and dishonest non-disclosure by Customs officers who had 
allowed a substantial quantity of heroin to be released on the British market.

Under official guidelines, the informant should play only a minor 
role, and drug liaison officers must ensure that the informant was 
not merely "setting others up".

Officers should tell the courts they had used an informer, but in the 
cases before the court, the facts were not disclosed.

The same suppliers and informants had been used on numerous occasions 
and there was evidence that some drug liaison officers knew that 
informants and suppliers were "working together as a team".

The Criminal Cases Review Commission is believed to be examining up 
to 12 other convictions.