Review of the Police Powers (Drug Premises) Act 2001 - NSW ...

7.2.2. Characteristics of drug premises in Cabramatta in the late 1990s
According to police, drug premises could often be distinguished from other units and houses by the presence of overt, heavy security. A
former Cabramatta Crime Manager noted that the doors of these premises were the significant feature:
They were very, very heavy steel, you couldn’t lift them up, not like normal security grills that you get on your front door, even the best
made product … they were heavily gauged steel… the mesh was such that it was one way ... you couldn’t see in but you could see
out. They often had three to four actual bolts drilled in to the cement rendering around the unit doors, usually three to four. 569
According to police, these premises presented particular difficulties in drug investigations. One difficulty is being able to identify who
is conducting drug transactions from the premises when it is not possible to see the person engaging in the transaction. A common
strategy in drug investigations is to conduct controlled buys from premises to get evidence that drug supply is taking place. This involves
undercover police attending premises to purchase drugs. 570 At the LAC level, these drug purchases may involve several buys on different
occasions of foils or caps of heroin for about fifty dollars each. The following extract from a COPS event narrative is an example of a
controlled buy in which the problem outlined above arose:
The operative knocked on the door of the unit. A male person from within the unit then spoke to the operative through a closed
timber door. As a result of the conversation between the operative and the male person, the operative passed a pre-recorded $50
note under the door to the unit. A small plastic resealable bag containing an off white powder substance was then passed from
within the unit, under the timber door to the operative. Police will allege that the off white powder is a prohibited drug, cocaine. At no
time was the operative able to view the male person who supplied the prohibited drug, for identification purposes. 571
In situations like this, because police are unable to see who is conducting the drug transaction, they are unable to gather sufficient
evidence against a person to lay a charge of drug supply.
For police, another difficulty posed by fortified premises is the disposal of illicit drugs before police enter the premises. Police Rescue are
often called upon when search warrant teams require assistance to gain entry to premises. They may be required to cut through metal
doors or bars before the search warrant team can enter. Police have told us that in such instances, prior to the commencement of the
Drug Premises Act, they often found evidence of drug supply, but were unable to lay charges against the occupants of the premises
because no actual drugs were located. As a former Crime Manager from Cabramatta LAC noted:
We’d execute the search warrant, and yes we’d use rescue squad, we’d tear doors off, and we’d get into the premises and we’d
find anything up to seven or eight people, empty house, paraphernalia, money but no drugs. So often at the end of the day we’d
walk away with a door, and not much else. 572
7.2.3. Objectives of the Drug Premises Act in Cabramatta
One of the main objectives of the drug premises legislation was to enable police to lay charges in instances such as those above, against
people found on premises at which drug related activity was taking place, but where no drugs were found. In the course of our review, a
number of police identified the fact that police could now lay charges in these situations as a key strength of the legislation. Our research
findings suggest that the Drug Premises Act has enabled police to lay charges against people on premises in Cabramatta where police
have been previously unable to do so.
7.3. Frequency of the use of the Act in Cabramatta
In Cabramatta, the Act was used on 34 premises and three vehicles during the review period. 573 The frequency of the use of the Act in
Cabramatta was high compared with other parts of the state. The Greater Metropolitan Region as a whole, which includes Cabramatta,
used the Drug Premises Act far more often than other regions. The graph below shows the number of times the Act was used in
Cabramatta, in the Greater Metropolitan Region (excluding Cabramatta), in all other regional commands, and by the State Crime
Command.
569 Interview, former crime manager, Cabramatta LAC, 21 August 2003.
570 These “controlled buys” are conducted under the authority of the Law Enforcement (Controlled Operations) Act 1997.
571 COPS event narrative, Cabramatta LAC, Drug Premises Incident 4.
572 Interview, former crime manager, Cabramatta LAC, 21 August 2003.
573 These figures include uses of the Act by both the Cabramatta LAC A and by the Greater Hume TAG. In the first year, drug premises charges were
laid in connection with 22 premises and two cars, in the second year, charges were laid in connection with 12 premises and two cars.
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NSW Ombudsman
Review of the Police Powers (Drug Premises) Act 2001