Showing posts with label Drug Arrests. Show all posts
Showing posts with label Drug Arrests. Show all posts

Sunday, 30 January 2011

Justice is a Joke

The insatiable hunger to punish drug users is reaching an exploding point. Each week, we are seeing more and more drug users being ceremoniously hunted down by police to appease the public for any drug related death. The growing trend involves a fanatical quest to place the blame on someone or anyone if there is no clear culprit.  It usually involves an overdose where police are left with only a body and not someone they can prosecute. Driven by a media frenzy, drug hysteria and a section of the community who demand justice, you are left with law makers and politicians who must find an offender to charge. There seems to be no room for an accidental death anymore when drugs are concerned.

Acquaintance Gets 10 Years For Supplying Fatal Heroin To College Student
By Bruce Nolan, 
January 2011   

A federal judge sentenced a 22-year-old New Orleans man to 10 years in jail for supplying the heroin that killed college student Pierce Sharai at a Carnival party in 2008.

U.S. District Judge Ivan Lemelle sentenced Gary Toca to 10 years in prison for his role in Sharai's death.

He is the third person to go to jail for his role in Sharai's death. And he's the eighth person to go to jail in connection with overdoses that killed three young people within weeks of each other in early 2008.

Sharai, 19, was a biochemistry major in enrolled in LSU's Honors College when he died.

Earlier reports disclosed that Sharai and friends spent the night of Jan. 19, the night of the Krewe du Vieux parade, doing drugs at a downtown hotel.

Federal prosecutors said Toca, Sharai and an unidentified third person pooled their money to buy heroin that night.

They said Toca made the heroin purchase, returned to the hotel and provided the heroin to Sharai.
Sharai overdosed and died early the next morning.

He was one of seven young people who died of heroin-related overdoses in the first five weeks of that year. Sharai and two others, including 16-year-old Madeleine Prevost, a senior at Lusher High School, were loosely linked by common acquaintances.

Their deaths launched a federal investigation that so far has sent four men to prison for participating in the drug chain that supplied Prevost.

Toca becomes the third man to go to prison for supplying Sharai.

Still another man, Matthew Olvany, pleaded guilty to conspiracy and drug distribution in connection with a third overdose death early that year, that of 21-year-old Zac Moser.

The case above has exposed how dangerous anti-drug rhetoric has become. This sick, new trend to dish out ultra severe penalties when there’s a drug related death has hit new extremes and we, as a society need to demand for it to stop. Three friends chip in to buy drugs and when one of them fatally overdoses, the police charge the person who made the purchase. It doesn’t matter that all three of them pooled their money and he was simply nominated to buy the drugs. The police want someone’s head to roll and those still standing are fair game. 

You would be safe to assume that the police would write this off as a terrible accident. They have, after all, already arrested and imprisoned several people involved in a series of overdoses linked to this death. They have a family mourning the death of their son and a bunch of young friends who are coming to terms with their loss. What drives the police to create even more carnage by sending a young university student to prison for 10 years? Especially when his crime was simply being chosen to make the purchase.

It seems that Gary Toca was a Jesuit Alumni, in the prestigious honors program at the LSU (Louisiana State University)and has no criminal background. Although he once was an addict, he had been clean for over two years and helped with high school students around the city in an attempt to keep them from making the same mistake. He even cooperated with agents in attempts to take down the ring of heroin dealers. What purpose is served by incarcerating Gary Toca? This young man has so much to offer and once, a fantastic future. The only thing stopping him was a history of addiction which he seemed to be managing. Now his future has been ripped out from under him all in the name of justice. What sort of sick fuckers would go to such extremes to ruin this man’s life?

This is so insane yet typical of how a brainwashed nation will act. Day after day we see the authorities, the media and the anti-drug brigade massively exaggerating the harms from drug use. We are bombarded with distorted statistics and cherry picked data that’s positioned to create the maximum hysteria. Yes, drugs can be dangerous,  just like alcohol, mountain climbing and horse riding but demonising addicts and users as ruthless, evil outcasts just leads to mob mentality in some parts of the community. 

When someone dies or overdoses, we should be saddened that someone’s wife, father or sister has come to a tragic end. But the reality is morbid and disturbing. There are many self righteous twats who will cruelly say they got what they deserve for using drugs. There are others who understand the complexities of drug use and simply feel sadness for someone else’s loss. They don’t feel the need to judge others for what is a tragic situation. Then there’s those who want revenge but dress it up as demanding justice. 

The latest political football is crime and sentencing. Although we have learnt that extended jail terms, mandatory sentencing or a ‘throw-away-the-key’ policy do not make us any safer, the public demand to be ‘tough on crime’ still dominates the political scene. And those politicians looking to be elected are more than willing to promise a crackdown on lenient sentences and to toughen criminal laws. Their ticket to success is a fearful public and there’s no better panic button than the mention of drugs.


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Tuesday, 14 December 2010

NSW Drug Raids - Police Need to Tell the Truth

Police capture a dangerous 60 year old in a bathrobe
When it takes six military style police officers with automatic rifles, machine guns and a tank to escort an old man in a bathrobe, you know we have a problem. But this is just lost on NSW police as Commissioner Andrew Scipione declared, "Today we haven't taken a tentacle off the beast, we've removed a very, very big beast”. Yeah, a beast in a red dressing gown.

For an operation that had been planned for 12 months, needed 500 officers and involved “alleged drugs barons” at the “top of the tree”, only $9 million worth of drugs were captured. Basically, a drop in the ocean considering how big the drug market is in Australia.

But like traffic cameras, the real prize is the income with over $14 million worth of seized assets. This might help explain why the NSW police used a tank and hundreds of paramilitary style officers.

Commissioner Scipione’s spin is just the latest in a long line of chest beating speeches where we, the public are duly informed that drug syndicates are running scared and will suffer greatly from a reinvigorated police focus. Of course, we have seen this numerous times before and most of us just forget as drug dealers return and go about their daily business.

A number of the people who were arrested today were people I started working on 30 years ago when I started working in the police force
--NSW police as Commissioner Andrew Scipione

Mixed in with the excited claims of success are some worrying discrepancies. Not that the police really notice when there’s so much to tell the awaiting media. Admitting that some of those arrested have been around for 30 years might make the commissioner feel good in front of the bright media lights but it’s also confession that the drug ring leaders have built a three decade old crime empire under the nose of the law. Not something to boast about.

Like the recent drug raids in Victoria, we are being led to believe that the police are winning a battle against drugs. The assumption that catching some drug dealers, especially drug syndicate leaders is going to have a lasting affect on the drug market is fanciful. In fact, it’s a down right lie … and the police know it. 

Ask yourself if you can remember the last multimillion dollar bust? Have we already forgotten that in 2008, WA police uncovered 22kg of methylamphetamine and 35,000 ecstasy tablets worth $77 million? What about when the Federal police seized 464kg of cocaine worth $160 million from a yacht in Brisbane. That was only two months ago. In September this year, 50kg of cocaine with a street value of $12.5 million was confiscated by NSW police in Minto. In January, police found 9000 mature cannabis plants worth $18 million in the Chaelundi National Park. Only two years ago, the AFP and Customs uncovered 3000 tomato tins that contained 15 million ecstasy tablets when they were shipped from Italy to Melbourne. It was a total haul of 4.4 tonnes of ecstasy with a street value of $440 million. They arrested 20 people for the crime. Any of this ring a bell?

The fact is, we will never make any significant dent in the drug trade. We will send many people to prison, reap hundreds of millions in assets and continue to smile for the cameras in front of an eager media. But the illicit drug market stops for no one. There is just too much money to made and there’s plenty to go around. Enough for drug mules, street dealers, corrupt authorities, crooked cops and those at the top.

History and experience from other countries clearly show that no amount of policing can stop the drug trade. The black market for drugs is valued at over $400 billion annually which is the 2nd largest industry on the planet. Larger than oil, manufacturing and food sales combined. Only military sales generate more income. With a global user base of up to 250 million people or 5.7% of the world’s population, it’s no wonder the illicit drug market is booming.

We should avoid congratulating ourselves on our efforts rather than our outcomes.
--Dr Don Weatherburn - Director of the NSW Bureau of Crime Statistics and Research

What we need to focus on is that there is a big difference between what the police claim and what the experts say. A recent article in the Sydney Morning Herald has Dr Don Weatherburn, Director of the NSW Bureau of Crime Statistics and Research doubting the success of the latest NSW raids. He points out that “research had so far been inconclusive on the long-term impact of drug law enforcement”. This view was reflected by Dr. Katie Willis, a senior research analyst at the Australian Institute of Criminology. Dr. Willis said it was also necessary to look at health-related results such as drug deaths, overdoses, and drug treatment. Our insatiable hunger for arresting people is blinding us to the human fallout as we lose sight of whether our strategies are benefitting society.

The big question is whether our attempts to wipe out the illicit drug market actually works. And like so many experts tell us, the answer is no. This presents us with a huge problem. Why do the police and governments continue with such a failed policy when there is no evidence whatsoever that it is successful? Shouldn’t this send the media and political opposition into a frenzy that the police and government are trying to fool us? Where’s the scrutiny? Where’s the demand for an enquiry into our flawed drug policy? Where’s the outrage that we are being lied to by our authorities and police?

At the end of the day while moralists pray, governments talk tough and police incarcerate people, criminals just keep getting richer and society becomes more dangerous. If the experts tell us this, why can’t the police?


Premature Cheers For Drug Busts
Geesche Jacobsen and Nick Ralston
December 10, 2010

POLICE say they plan to target anyone seeking to fill the vacuum left by the arrest of 31 alleged drug distributors this week.

But the head of the Bureau of Crime Statistics warned yesterday that the results of the arrests should be judged on their impact on the price, purity and availability of the relevant drugs.

Police said the drug raids this week had taken out those they believe to be the major players in the middle level of the three tiers of the drug supply chain. Local police are targeting street-level drug supply, and specialist officers also work on putting the third level, drug importers, behind bars.

But Dr Weatherburn warned: ''We should avoid congratulating ourselves on our efforts rather than our outcomes.''

Research had so far been inconclusive on the long-term impact of drug law enforcement, he said.

Drug seizures in the early 1990s had had no impact on price, purity or availability of the drug, but later seizures and arrests of heroin kingpins had led to an enduring heroin shortage, he said.

Some researchers said the heroin shortage was not the result of police work, but other factors.

A senior research analyst at the Australian Institute of Criminology, Katie Willis, said it was also necessary to look at health-related results such as drug deaths, overdoses, and drug treatment.

Dr Willis said it was also difficult to assess the impact of law enforcement because the size of the drug market was unknown. The police, she said, might have been tackling just ''the tip of the iceberg''.

But she said she expected the purity and availability of drugs to fall in the short term as a result of the arrests.

Yesterday, Henry Landini, 66, alleged to be one of the key players arrested on Wednesday, made a brief appearance in Bankstown Local Court. In a blue polo shirt, with his hair slicked back and wearing glasses, he did not apply for bail and it was formally refused.

He has been charged with supplying large amounts of amphetamines in Sydney's inner-west and knowingly dealing with the proceeds of crime.

In court his solicitor, Paul Kenny, rejected claims made by police that there was a risk Mr Landini might flee the country.

Another man arrested on Wednesday, Adel Muustafa, 24, also did not apply for bail but he did not make an appearance before the court. He has been charged with supplying cocaine in Sylvania and with firearm offences.


Related Articles in the Sydney Morning Herald

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Sunday, 28 November 2010

Who Really Benefits from Operation Entity?

Victoria's largest drug raid - Operation Entity
The ferocity of large scale drug raids is awe inspiring for much of the public. Just look at the latest raid in Victoria - Operation Entity. It involved 630 people from the Drug Task Force, Criminal Proceeds Squad, Crime Department, Operations Response Unit, Regional Response Units, Australian Federal Police, local police, officials from the taxation department and even immigration officers . It has been described as the biggest drug raid in Victoria’s history. The raids were carried out on 115 different premises in Albanvale, Altona Meadows, Avondale Heights, Ballarat, Berwick, Burnside, Burnside Heights, Cairnlea, Caroline Springs, Dandenong, Dandenong North, Derrimut, Elphinstone, Footscray, Footscray West, Geelong, Hallam, Hampton Park, Hillside, Hopper’s Crossing, Horsham, Kings Park, Learmouth, Oakleigh East, Melton, Melton South, Narre Warren South, Noble Park, Noble Park North, Springvale, Springvale South, St Albans, Stawell, Tarneit, Taylor’s Hill, Tyrendarra, Warrnambool and Wyndham Vale. So far, 93 people have been arrested. So what was this raid about? 

Pot.

Yes, pot was the target with 13,893 cannabis plants being seized. For the million plus cannabis smokers in Australia, this must make their heads spin … and not from the pot. How do the police rationalise the massive resources put into this raid? Imagine if they targeted human slaves forced into prostitution or violent gangs. The amount of resources used in this pot raid might have actually reduced more serious crimes to the point of extinction. The sheer numbers of police involved could almost wipe out complete crime categories in Victoria. What it didn’t do, is have any real effect on the drug trade. They could repeat this raid in every Australian state, every month without ever making any serious dent in the drug trade. It must be disturbing for rational thinking people to watch these huge drug raids especially when they know the police are well aware the void will be filled in just a matter of days. It’s even more disturbing when the police admit it.

We all know that once we take out syndicates of this sort, other people will step in to fill the vacuum and our job is to make this as hard for them as possible.

With the current focus on designer drugs and clandestine laboratories, it came as a surprise that cannabis was the main target. Amassing such huge resources - paid for by the public purse - is largely considered wasteful for a drug that is less harmful than alcohol. With rapidly changing attitudes and the growing evidence that cannabis only affects a tiny percentage of the population, the police are having to turn up the rhetoric to defend their actions.

Perhaps the greatest scourge in our community is the vile traffic in illicit drugs - lives and neighbourhoods are destroyed while those who profit from this trade like to think their involvement goes on unnoticed. I say, think again.

Predictably, the key word used by police when facing the media was ‘drugs’ not ‘cannabis’. It’s much easier to sell ‘drug busts’ than ‘cannabis raids’ when the eyes and ears of the nation are fixed on you. But inevitably, when forced to reveal that the raids were just for pot, some sinister description like ‘high-potency’ was added. Why do the police have to resort to using the term ‘drugs’ when they talk about cannabis? The answer is simple. They know that a large percentage of the public are sceptical about the official government position on cannabis. The reality is that there are millions of users Australia wide and most of them have never had a problem. Add to this, the major concern of cannabis use - mental health disorders -  has most scientists finally concluding from years of research that moderate use will not greatly harm anyone with the exception of young people under 21 years old and those with a family history of mental health illness. It’s becoming increasingly difficult for the anti-pot brigade to put their case forward when the public, driven by scientific data, are rejecting their message as out-of-date, misleading and driven by an ulterior agenda.



The Event
The planning and resources used to carry out these raids is simply mind blowing. As we so often reminded, Operation Entity is the biggest event ever undertaken by the Victorian police. 630 people were needed to enact the searches with a massive level of support involved in the planning. 

The Operations Response Unit and the Victoria Police Crime Department led the charge with 410 officers executing warrants and searching premises. 12 teams of crime scene investigators then moved in and recorded the scene and collected evidence. 

The crime scene investigators conduct examination, enhancement and comparison of shoe, tyre and tool impressions, photography and/or video recording of crime scenes attended.

Police had to utilise the whole Transport Branch to get officers to the raids and the Central Property Management Unit had to altered their structure just to store all the evidence. They also had to arranged for 15 interpreters, 4 botanists and the Central Metropolitan Fingerprint Unit completed almost a year’s work in one day. Police hired 30 trucks on the day just to transport evidence, seized cannabis plants and equipment.

Here’s the list of the special police departments and other organisations involved:

Drug Task Force, 
Criminal Proceeds Squad, 
Crime Department, 
Operations Response Unit, 
Botany Branch – Forensics
Central Metropolitan Fingerprint Unit
Crime Scene Examination Unit
Transport Branch
Interpreters
Central Property Management Unit
Regional Response Units, 
Local police, 
Australian Federal Police, 
Office of Public Prosecutions
State Revenue Office
Australian Taxation Office
Department of Immigration and Citizenship
Australian Transaction Reports and Analysis Centre (AUSTRAC)
Australian Customs and Border Protection Service
Australian Crime Commission
Various power companies


The Result
According to Victoria Police, the result was a huge success. 93 arrests with more to come, 13,893 seized cannabis plants so far and the shut down of several organised drug syndicates. But how do they measure ‘success’? Was the success of Operation Entity worth the massive resources and planning? Those arrested were involved in criminal activities and the police have a duty to uphold the law. Growing industrial quantities of cannabis is a serious offence in Australia and the police acted accordingly by arresting them. But the big concern is the priority of Operation Entity and why wasn’t repugnant crime like forced prostitution, child pornography or violent street activity given the same treatment? What about organised extortion, the illegal gun trade and the gangs that terrorise our suburbs? These are insidious crimes that wreck lives and demean our society. Crimes against people will never be tolerated by the community and deserve a lot more focus from our law enforcers. Catching dope growers just doesn’t have the same urgency. 

One unspoken fact our law enforcement officers and law makers rarely mention is that no state in Australia has ever succeeded in dismantling the drug trade especially in relation to cannabis. Dope is so simple to grow, has an endless clientele and the profits are astronomical. The people who are happiest with Operation Entity are other growers and competing criminal organisations. There is a never ending list of potential growers to fill any void created by drug raids. The tougher the police are on cannabis, the more the price increases so growers will fight even harder for market share. This breeds violence and creates opportunities for organised crime to flourish. Cash is king in the criminal world and drugs offer an unlimited supply. I recall Chopper Reed telling us all that gone are the days of specialist crooks like safe crackers and bank robbers. Instead, he explains, that about 90% of all criminals are now involved in the drug trade. But it’s not just Australian states that have failed. Not even one single country has succeeded in making a dent in the drug market. This brings us to another unspoken fact from our law enforcement officers and law makers. Those countries with tough drug laws often have less success than nations with more liberal laws. In other words, being "Tough on Drugs" doesn’t usually lead to less drug use or a reduced drug supply. It can only be described as extraordinary why our politicians and police remain vigilant in their commitment to repeating the same mistakes every year. But it’s simply beyond words why they would push this approach even further.

The Hype
The Victoria Police website has posted seven news items about Operation Entity from November 23 to November 26. The media has responded by publishing an article about each post on a daily basis. It’s in our newspapers, on TV and updated online. We all know about it. But what is the message from Operation Entity? What has actually been achieved? The fact is we have seen these raids dozens of times before but the supply of cannabis remains in abundance. 

Today we have demonstrated that in protecting the community we will do all we can to stand between you and those who seek to exploit and prey upon you.'

The police keep telling us that without this operation, we are at the mercy of evil people who prey on our youth and exploit the community. We are told that these criminals make huge profits, derived from our misery, weakness and reliance on illicit drugs. What they don’t tell us is that most cannabis users get great pleasure from these evil wares and only purchase their stash from those arrested growers because there is no alternative … except becoming a grower themselves. There is also no mention of how the average pot smoker is now going to source their supply. Although most pot smokers aren’t compelled to keep a permanent supply, many will eventually start seeking out a new dealer. A lack of cannabis may also force some users to turn to harder drugs. This demand will drive new entrants into the marketplace as Operation Entity just fades into history.

It seems somewhat hypocritical that a much more harmful drug like alcohol is fully acceptable but a safer alternative is frowned upon. But it’s not just frowned upon, it’s actually illegal to the point where massive police raids like Operation Entity are rolled out. The dichotomy between medical experts and law enforcement on the topic of cannabis is staggering considering it’s 2010. It’s a real challenge to applaud the police when their message is so convoluted and contradictory.

This week's historic raids have struck a significant blow to organised drug syndicates across the state and have been an unprecedented success.

Reading through the dozens of articles about Operation Entity, I notice the police keep reassuring us that those nasty criminal organisations have been defeated and the lasting affects of the raids have made our communities safer. Sure, there’s talk of the need for ongoing operations but the message is clear - the crims have lost and the police have won. 

Disrupting networks of this sort is significant
[…]
Those involved will be brought to justice and their ill-gotten gains will be seized

Deputy Commissioner Sir Ken Jones revealed that during the two year investigation, an estimated $400 million had already been generated by the various drug syndicates. Oddly enough, he boasted that the police had seized $20 million in assets. That leaves a whopping $380 million shortfall which must surely raise some concern for those willing to do the sums.

Victoria Police were following the money trail. This has been very, very successful for us. We'll continue not only to seize the drugs, but we'll continue to seize assets throughout the day and later on in the week we'll apply to the courts for seizure of quite a number of assets across the whole state.

There’s been a lot of hype surrounding Operation Entity along with some remarkable comments. Being Victoria’s single largest police operation, it was bound to make headlines and it was inevitable that the authorities would trumpet it’s success. But this celebration of successful policing felt empty and forced. There was no moral victory or a clear cut feeling that we had fought and beaten something hideous. The rhetoric was thick with patronising messages that we had to be protected from nasty drug manufacturers and even ourselves. But in the end, we got the best of the police PR department, desperately trying to convince us that we needed Operation Entity as much as they wanted it.


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Saturday, 14 August 2010

Huge Drug Busts - Are They Really Worth It?

A cold day for some in Melbourne
You have probably heard about the massive drug bust that netted a major heroin distribution syndicate in Melbourne this week. Although, the Australian Crime Commission and the Victorian Police Force are obviously ecstatic about their victory, what does it actually mean in the real world, away from the congratulatory media and smirking politicians?

I can't say the drought is over. What I can say is that heroin remains a problem for the Australian community. And that's certainly focused Australian law enforcement and the ACC in particular on targeting heroin because it creates such harm for the community
--Richard Grant - The Australian Crime Commission Manager Of Target Development And Intervention 

It would be hard to find any argument from the public against the police removing millions of dollars worth of heroin from the streets and any attempt would most likely be met with sheer disbelief or even some anger. How do you explain any downside from this bust to an ignorant public who have been pumped with anti-drug propaganda for 40 years?

Busting drug dealers is a good thing. Catching the Mr. Bigs is even better. And removing kilograms of heroin from the streets is simply a no-brainer. But what if all this was not as simple as it looks? What if, busting drug dealers is not automatically a benefit to society? What if, breaking up huge heroin syndicates actually causes more problems and harm than if the busts never happened?

To find out why, we must establish a few facts first:

  • Heroin is basically non-toxic and can be taken for decades with very little physical harm. Remember that heroin is the brand name for diacetylmorphine, a derivative of morphine that is used everyday in hospitals and for pain treatment. Diacetylmorphine, under the brand name Heroin, was originally made by Bayer as a cough suppressant and to treat colds, flu, pain and teething problems for children. It is still used in several countries for pain management or addiction treatment as well as recreationally with an estimated usage of over 20 million people aged 15–64.
  • Heroin is highly addictive and withdrawal is as nasty as it comes.  When in withdrawal, addicts will do things they would never normally do. There are no boundaries in place for how far someone will go to relieve the pain of withdrawal and affects everyone regardless of their job, religion, wealth or position in society.
  • Most heroin related deaths are from overdoses when a certain batch is stronger than what a user is accustomed to.
  • Almost no crime is committed by someone high on heroin. It’s the opposite - addicts commit crime to buy their drugs when they’re not high.
  • Most heroin dealers are user/dealers who buy a larger package, keep some for themselves and sell the rest. They never make excess profits.
  • User/dealers usually choose to sell heroin to other addicts because it doesn’t hurt anyone else unlike the option of committing crimes like robberies, theft or hold-ups.
  • Many heroin addicts are fully employed and pay for their drugs legitimately. Any interruption in their budget, may lead them to resort to crime.
  • Addicts often stick with one dealer who they trust. The dealers also much prefer to deal with people they know. A good relationship with a dealer can sometimes lead to a credit arrangement for emergency situations removing the need to obtain extra cash by committing crime, pawning off goods or trying to borrow money. Going to an unknown dealer may result in being ripped off which creates panic and a need to obtain more money.
  • When a dealer is out of heroin or in jail, his customers still need heroin everyday. Simply removing the heroin or dealer does not stop an addict needing to score.


Let’s run through the scenario of what happens after this latest bust.

Suddenly, there are dozens of user/dealers without supply. That means there are hundreds of addicts without supply. We are lead to believe that “a significant amount of harm that we've removed from the community” equates to hundreds of drug users being better off and society is somehow safer. In reality, the opposite happens. Addicts have to score and will not stop until they do. If their source is removed, their options are to find another dealer, buy diverted pharmaceuticals or get street methadone. 

Having to find a street dealer at short notice opens up the risk of being cheated or caught by police. When this happens, an addict has not only blown their hard-to-come-by cash but they are still without a fix for the day. By this time, withdrawals are taking their toll and desperation is setting in. Walking into a chemist with knife and asking for a handful of Oxys is becoming an option. Jumping someone at the local methadone dispensary for their takeaway doses is also on their mind. Paying extra for another addicts heroin may be a solution except they are already short of cash from being ripped off. Either way, crime is becoming almost inevitable. 

Another problem with having to find a new dealer at short notice is that the provided heroin might be much stronger than what the user is accustomed to. This usually causes an overdose and often death. Unlike the popular belief, upsetting the routine for an addict never turns out well without a treatment plan in place.

The underlying message is, less drugs on the street means less harm. This is merely a sales pitch from the government and police. Random drug busts, even major raids like operation “Sethra”, without a fall out plan is not only short sighted but dangerous. Addicts don’t magically become enlightened and seek treatment when faced with a sudden cut off of supply. They just become more desperate. And if there’s one thing that hasn’t sunk in, it’s the fact that desperate addicts going through withdrawal will go to extreme measures to stop the pain. It is almost beyond comprehension that we act surprised or want to toughen up drug laws when an addict commits a crime to feed their habit. After all, it is the cause for over 50% of all crime in Australia. Not acting on this knowledge but instead, trying to the scam public support by rolling out the popular "Tough on Drugs" rhetoric is reprehensible and indicates how irresponsible and self serving our law makers really are.

Contrary to what we have been told, not everyone is going to be affected by this big bust. I asked a heroin dealer I know if this bust will affect him. He simply shrugged and said with a poker face, “I just get it from someone else”. Knowing several sources obviously has it’s advantages. And here lies another problem. This other source has much lower quality heroin so the dealers customers will have to buy extra to satisfy their cravings or get used to less potency. Eventually the dealer will find a better supplier but his customers will now be at risk of overdosing on the stronger heroin. Luckily, the dealer I know warns his customers if the strength suddenly increases but I am certain not all dealers offer this service.

What is lost in all the excitement from busting up a multi-million dollar heroin syndicate is that so much money is to be made that another dozen or so suppliers are ready to step in. It will probably only take a week or so before it’s business as usual and not many people will notice any change in Melbourne’s heroin market. Those who will notice though are the families of users who have overdosed, resulting victims of crime and the welfare agencies who too often, have to clean up the whole mess.

Was it worth it? $40 million in assets, gold and cash is certainly worth a phone call to mum. The proceeds from this bust will fund various police agencies for a long time, which can only be a good thing. I wonder though if 10 months of investigation with 250 police from the Australian Crime Commission, the Victoria Police Drug Task Force, the police crime department and regional response units hasn’t shifted scarce and valuable resources away from investigations into truly harmful crimes like child pornography, human trafficking or violent gangs. If operation “Sethra” was about reeling in ill gotten gains from criminals then it has been a huge success. But if it was about reducing harm or keeping the community safe, then sadly, it was just another failure in the misguided and dangerous, “war on drugs”.



Drugs, Money, Gold And Houses Seized In Melbourne
Simon Lauder
August 2010


ELEANOR HALL: Officers from the Australian Crime Commission and the Victorian Police Force made pre-dawn raids this morning which they say busted a major drugs syndicate.

The officers seized tens of millions of dollars worth of property and arrested more than a dozen people who they say were importing heroin from South East Asia and selling it on the streets of Melbourne.

The raid occurred as evidence shows that more heroin has been making its way to Australian shores. 

In Melbourne, Simon Lauder reports.

SIMON LAUDER: The raids were launched in the early hours of this morning but police say they've been watching and waiting for 10 months. Detective Inspector John Potter is from the Victoria Police Drug Task Force. 

JOHN POTTER: Fourteen search warrants in Melbourne's north and inner west and as a result of that have arrested some 13 people at this stage.

SIMON LAUDER: Police say they seized millions of dollars worth of drugs, mainly heroin, and $2.5 million in cash.

They've also seized around $20 million worth of residential and commercial real estate, allegedly the proceeds of crime.

Most of those arrested so far are women. It'll be alleged they worked for a syndicate which was importing and selling commercial quantities of drugs. It's believed the syndicate has been working in Melbourne for a long time and Detective Inspector Potter says the heroin may have come from South-East Asia. 

JOHN POTTER: We're talking about a number of countries. It's no secret that a lot of heroin comes from Asia.

SIMON LAUDER: The Australian Crime Commission manager of target development and intervention Richard Grant says the best way to stop organised crime is to target the assets. 

RICHARD GRANT: So in addition to that we've got, seized about $2.5 million cash, a kilo of gold and probably about $4 million worth of heroin which represents about 57,000 hits of heroin. So that's a significant amount of harm that we've removed from the community.

SIMON LAUDER: And what activities was this syndicate involved in? Where was it getting its heroin and what was it doing with it?

RICHARD GRANT: Well don't want to say where it's getting it from. What I might say though is that they were a significant trafficker of heroin, probably in the sort of middle to upper level bracket. And the fact that we have restrained over $20 million worth of assets today is indicative of just how sophisticated this syndicate has been.

SIMON LAUDER: And was it just heroin or did you seize some other drugs as well?

RICHARD GRANT: There was some other drugs seized. 

And as you can appreciate this is an ongoing investigation and it's also the raids or the warrants are still being executed as we speak so we're still waiting for further advice.

SIMON LAUDER: Can you say anything about the methods for importing the heroin?

RICHARD GRANT: Probably not at this stage. As I said it's still an ongoing investigation. 

These are plugged into syndicates elsewhere and getting their heroin from those groups. They were trafficking to large sections of the community - no particularly sort of demographic that you could say that they've been trafficking to. 

But the fact that they've been quite a resilient organised crime group - it wasn't that long ago, a couple of months ago that we seized five blocks of heroin which is about $3 million of heroin and about $645,000 cash and this group didn't miss a heartbeat.

SIMON LAUDER: Do you believe this syndicate was the main source of street heroin in Melbourne?

RICHARD GRANT: I can't say that this group is a major supplier in Melbourne. What I can say though, it is a significant contributor to the heroin on the streets of Melbourne.

SIMON LAUDER: And were they operating nationally as well?

RICHARD GRANT: Primarily in Victoria.

SIMON LAUDER: Since 2005 I notice that the amount of heroin seized at Australian borders has been on the rise and domestic seizures have also gone up quite a lot lately quite dramatically. What does this tell us about the availability of heroin in Australia?

RICHARD GRANT: Heroin remains a significant problem for Australia. The Commonwealth Government has got a three-stage plan for dealing with illicit drugs that talks about supply, demand and harm reduction. 

The action that we've taken today will have a significant effect but heroin will remain a problem while there is a demand for heroin.

SIMON LAUDER: About a decade ago or less there was what we called a heroin drought in Australia. Do you have reason to believe now that that is well and truly over?

RICHARD GRANT: I can't say the drought is over. What I can say is that heroin remains a problem for the Australian community. And that's certainly focused Australian law enforcement and the ACC in particular on targeting heroin because it creates such harm for the community.

SIMON LAUDER: Victoria's Office of Public Prosecutions says the case represents the largest single proceeds of crime restraint ever made in Victorian criminal history.

ELEANOR HALL: Simon Lauder reporting.

Saturday, 31 July 2010

Judge Needs a Reality Check

Being caught with 7 ounces of pot and charged with dealing cannabis should not encompass a prison term. Especially if that person has a clean police record. But, Supreme Court judge Justice Kerry Cullinane has deemed Danielle Sharp to be more dangerous than many violent criminals and sentenced her to 2 years jail (released after 4 months). This was her first offence.

I know the public are screaming out for harsher penalties from our judicial system and politicians are quick to take up the the "Tough on Crime” mantra but this decision by judge Kerry Cullinane is simply ridiculous. What positive outcome can possibly come from jailing Danielle Sharp? She has left the drug scene and worked solidly for two years since her arrest which makes me wonder about the judge’s wisdom. Is ripping her out of the community going to teach her a lesson or help society in general. Of course not. Is it going to deter others from selling drugs? Nuh. Are there any benefits at all? again … no.

Here’s the strange part. Justice Kerry Cullinane has been on an anti-drug mission for a long time now but for all his, "Tough on Drugs" rhetoric, he has dished out plenty of suspended sentences for drug offences. Offences that would normally attract jail terms. 

The judge then made it clear that the courts were getting increasingly tougher in drug sentences.

"We are (nowadays) getting away from cases where no conviction is recorded for small amounts of drugs for personal use, and I have to be fair to others who have been sentenced," he said.

[…]

But he accepted Mr Griffith's view that `this was an aberration for a young man of great promise, particularly in soccer'.

Justice Cullinane imposed a 12-month sentence, wholly suspended for two years, but warned Gabiola that if he returned to court facing similar charges, he would go to jail.

So why did Justice Cullinane jail first time offender Danielle Sharp after saying, “he had to be consistent in fairness to others he had sentenced on similar charges”? What made Danielle’s drug offence worthy of a prison term when other similar crimes were previously dealt with by a suspended sentence?

But Justice Cullinane said that while he noted the positive changes Sharp had made, he had to be consistent in fairness to others he had sentenced on similar charges. The weeping Sharp was sentenced to two years' jail, to be released after serving four months.
--From the article

Maybe it was the busy morning he had or as the Townsville Bulletin describes, “his concern at what he terms as 'a disturbing pattern' of drug offending that has started to appear in Townsville over the past few years”.

The 70 year old judge, who hails from North Queensland (Deliverance anyone?) is a member of the Order of Australia (AO). He is well known up north and even has a ‘Moot Court’ named after him at the James Cook University Law School. My worry is that the last 40 years, being his prime years in the law business, has firmly imbedded the “War on Drugs” rhetoric in his mind and any evidence suggesting the "Tough on Drugs" approach has failed, has not sunk in.

According to the Townsville Bulletin, he has commented several times that more and more older people are coming before him as first-time drug offenders. 

The final cautionary word for those tempted by drug dealing should come from Justice Kerry Cullinane. In a recent case, when a barrister suggested that some misguided older people were seeing drug dealing as a kind of superannuation, Justice Cullinane said if that was the case, many people would be spending their retirement in a place they hadn't planned. And anyone so tempted to the drug trade should know that Justice Cullinane is a man of his word.

OK, I get it, he’s a judge. It’s his job to apply the law. But it’s also our judges who challenge the law and give determinations that affect future decisions. For example, in an attempt by the Canadian government to shut down the safe injection centre, Insite, Justice Ian Pettfield ruled against them and determined that Insite was saving lives and sections of the Canadian Criminal Code contravened the Canadian Charter of Rights and Freedoms. This set the stage for the supreme court to overrule a government appeal who may have very well got their way if not for the decision of the first judge. The initial ruling by Justice Ian Pettfield, declaring parts of Canada’s drug laws unconstitutional, shows how informed judges can really make a difference to judicial issues especially those built on ignorance.

I’m not holding my breath for Justice Cullinane to change his attitude any time soon. But with the mountains of research clearly showing that punitive penalties for drug offences has not achieved any positive outcomes, it is disappointing the judge continues his drug war babble. Especially when it sounds like an extract from some anti-drug propaganda piece.

And without people like Gabiola(accused drug user), dealers wouldn't have a business

As the old school moves into retirement, I wonder if the drug war rhetoric will continue with the new, up and coming beaks? Will the passing on of wisdom include the 40 years of brainwashing that most of our judiciary suffered?  Or will we see a new breed of pragmatic judges who are prepared to look beyond disastrous campaigns like “Just Say No” or "Tough on Drugs”? For the sake of those already affected by the misguided "War on Drugs" and those still in the firing line, we can only hope that the people who have the power of incarceration will be better informed than their predecessors.


Drug Dealers Sent To Jail
Roanne Johnson
July 2010


Supreme Court judge Justice Kerry Cullinane has expressed his concern at what he terms as 'a disturbing pattern' of drug offending that has started to appear in Townsville over the past few years.

During a busy morning of sentences yesterday Justice Cullinane commented that two of the matters before him involved young people with no criminal record landing in the dock on the most serious of drug charges, that of trafficking.

Justice Cullinane said the pattern had started to appear in only the past few years.

And the judge made it clear that only the most exceptional of circumstances, like extreme youth, would keep traffickers out of jail.

And he was good to his word, when Danielle Renee Sharp pleaded guilty to trafficking in cannabis sativa, and four related charges of possessing money and paraphernalia involved in the peddling.

Crown prosecutor Clare Kelsey said police, acting on a tip-off, had discovered various amounts of cannabis, amounting to 191gms, when they searched Sharp's Kelso home.

Officers also seized $1685 in cash and a mobile phone containing text messages relating to drug deals.

Defence barrister Wayne Pennell said Sharp had fallen in with the Townsville drug culture when she took up with a new boyfriend who was drug dependent.

But Mr Pennell said she had broken off the relationship and had turned her life around since she was charged with the offences in 2008.

He said she had worked her way up to become a manager of store in the western suburbs.

Mr Pennell described the 27-year-old Sharp as a 'naive young girl' and argued that her genuine and successful efforts to rehabilitate her life called for a wholly suspended jail term.

But Justice Cullinane said that while he noted the positive changes Sharp had made, he had to be consistent in fairness to others he had sentenced on similar charges.

The weeping Sharp was sentenced to two years' jail, to be released after serving four months.

And jail was also unavoidable for 23-year-old New Zealander Conan Anton Fenton, who pleaded guilty to trafficking in ecstasy and the relatively rare banned euphoric drug, benzylpiperazine, known on the street as BZP.

Crown prosecutor Kelly Stone said Fenton had been caught in an undercover drug squad sting, and was arrested after he had arranged four deals involving $4000 worth of drugs, including 300 ecstasy tablets.

Felton was sentenced to two years, but he will be released after serving eight months.