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

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In addition, as we discuss later in this chapter, police and health pr<strong>of</strong>essionals have also observed that <strong>the</strong> nature <strong>of</strong> drug houses in<br />

Cabramatta has also changed. In <strong>the</strong> words <strong>of</strong> one health pr<strong>of</strong>essional, drug houses now tend to look “more normal”. 683 This change<br />

in <strong>the</strong> nature <strong>of</strong> drug premises may thwart police attempts to mount operations against <strong>the</strong>m. Moreover, if <strong>the</strong>se premises merge more<br />

harmoniously with <strong>the</strong>ir surroundings, <strong>the</strong>y may become more difficult for police to detect in <strong>the</strong> first place.<br />

7.8.3. Are drug transactions conducted elsewhere<br />

One <strong>of</strong>ficer we spoke to believed that higher level drug transactions may now be less likely to be conducted in Cabramatta due to <strong>the</strong><br />

intensity <strong>of</strong> <strong>the</strong> police focus on drug law enforcement, but that <strong>the</strong>y may be taking place in o<strong>the</strong>r areas:<br />

But <strong>the</strong> business itself <strong>of</strong> <strong>the</strong> transactions, are not conducted here, <strong>the</strong>y are conducted elsewhere, because <strong>of</strong> <strong>the</strong> high visibility<br />

policing that is conducted in Cabramatta, and <strong>the</strong>y know, that <strong>the</strong> likelihood <strong>of</strong> driving up [street name] Cabramatta, and police<br />

know you, you’re going to get turned over, because you’re a drug dealer. 684<br />

In our examination <strong>of</strong> <strong>the</strong> uses <strong>of</strong> <strong>the</strong> <strong>Drug</strong> <strong>Premises</strong> <strong>Act</strong> by <strong>the</strong> State Crime Command, it was evident that police were investigating high<br />

level drug supply from drug premises in suburbs neighbouring Cabramatta. Fur<strong>the</strong>r, according to police, <strong>the</strong> occupants <strong>of</strong> <strong>the</strong>se premises<br />

in neighbouring suburbs were supplying drugs to people in Cabramatta. In a police document that related to a use <strong>of</strong> <strong>the</strong> legislation<br />

on a premises in a suburb neighbouring Cabramatta, that was occupied by people suspected <strong>of</strong> involvement in heroin importation, it<br />

was stated that <strong>the</strong> operation had been formed to “investigate middle to upper level (drug) heroin suppliers in <strong>the</strong> Cabramatta area”. 685<br />

However, whe<strong>the</strong>r <strong>the</strong>se dealers had been displaced from Cabramatta is not known.<br />

<strong>Police</strong> in Cabramatta believed that <strong>the</strong> displacement that had occurred recently was different to previous changes in <strong>the</strong> drug trade<br />

that <strong>the</strong>y had observed. They said that “<strong>the</strong> displacement with drug houses was only a few streets, now <strong>the</strong>y are broadening <strong>the</strong>ir<br />

scope” and moving beyond Cabramatta itself. 686 When asked what evidence indicated that this displacement had occurred, this<br />

<strong>of</strong>ficer said that <strong>the</strong>se o<strong>the</strong>r LACs were now running controlled operations to target drug dealing. He also said that <strong>the</strong> “increase in<br />

drug detection in <strong>the</strong> area [<strong>the</strong> two neighbouring suburbs] is dramatic”, and that <strong>the</strong>re had been “increased drug users attending”<br />

<strong>the</strong>se suburbs. Ano<strong>the</strong>r <strong>of</strong>ficer said, “I shop in [neighbouring suburb] and I see <strong>the</strong> dealers that were here, over <strong>the</strong>re”. 687<br />

These <strong>of</strong>ficers also provided examples <strong>of</strong> particular drug <strong>of</strong>fenders <strong>the</strong>y had charged in Cabramatta who had started dealing in<br />

neighbouring suburbs. One detective mentioned two people who had been charged during Operation Hammer which targets street<br />

dealing in Cabramatta:<br />

They got charged in Hammer, <strong>the</strong>y got bail, so <strong>the</strong>y were working on <strong>the</strong> streets, just doing street deals here, <strong>the</strong>y were living in<br />

[neighbouring suburb] and actually just got a car, and started dealing in [same suburb] in <strong>the</strong> car, and <strong>the</strong>y got done for supply<br />

<strong>the</strong>re, whilst <strong>the</strong>y were on bail over here. 688<br />

7.8.4. Dealers no longer operating from premises<br />

There is some evidence that some dealers are now choosing not to operate from fixed locations such as a drug premises. 689<br />

Instead, dealers are setting up meetings with drug purchasers, sometimes using mobile phones, on street corners, parks and o<strong>the</strong>r<br />

places that are not known for drug supply. Because <strong>the</strong>se locations constantly change, it is less likely that <strong>the</strong> dealing will attract <strong>the</strong><br />

attention <strong>of</strong> police. According to a local health pr<strong>of</strong>essional we interviewed, dealers also sometimes use runners who <strong>the</strong>y send out from<br />

<strong>the</strong> premises to conduct transactions:<br />

Now a drug user would have a mobile number, people don’t go to <strong>the</strong> door, <strong>the</strong>y have runners and you will meet that person on a<br />

street corner. 690<br />

Ano<strong>the</strong>r apparent shift in <strong>the</strong> illicit drug trade is <strong>the</strong> increased use <strong>of</strong> cars to facilitate meetings between dealers and users. In a response<br />

to our discussion paper, though not referring specifically to Cabramatta, a senior judge at <strong>the</strong> <strong>Drug</strong> Court in Parramatta identified this<br />

characteristic <strong>of</strong> <strong>the</strong> illicit drug trade:<br />

683 Interview, Health Worker, 15 September 2003.<br />

684 Focus group, Cabramatta police, 2 July 2003.<br />

685 Situation Report, State Crime Command, <strong>Drug</strong> <strong>Premises</strong> Incident 6.<br />

686 Focus group, Cabramatta police, 2 July 2003.<br />

687 Ibid.<br />

688 Focus group, Cabramatta police, 2 July 2003.<br />

689 Interview, Health Worker, 15 September 2003.<br />

690 Interview with health pr<strong>of</strong>essional who works with drug users in Cabramatta.<br />

128<br />

<strong>NSW</strong> Ombudsman<br />

<strong>Review</strong> <strong>of</strong> <strong>the</strong> <strong>Police</strong> <strong>Powers</strong> (<strong>Drug</strong> <strong>Premises</strong>) <strong>Act</strong> <strong>2001</strong>

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