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

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Table 25. Drugs located by State Crime Command, 18 incidents Drug type Total Incidents of Drug Seizures Quantity of Drug Seizures (grams) Quantity of Drugs Seized (not measured in grams) Lowest Amount (grams) Highest Amount (grams) Heroin 4 822.86 0 10.4 758 Cocaine 1 2.84 0 0 2.84 Ecstasy 10 103.03 254.5 tablets 2.13 87.5 Amphetamine 3 129.66 0 25.1 67.1 Methylamphetamine 5 204.8 5ml in plastic jar 1.7 143 Cannabis 6 1538.3 0 1.4 1500 Other 4 Source: COPS event narratives and search warrant documents 35.39 various chemical substances 741 tablets, 14 bottles steroid, 11 oxymethalone, 3 litres hypophosphorous, 11 small green balloons “hard rock substance” 1 35.39 8.6.3. Clandestine laboratories Chemical Operations, a special division within the Drug Squad, is responsible for all investigations involving clandestine laboratories. In December 2002, the Police Weekly reported that in 2002, the Chemical Operations Team had attended 35 clandestine laboratories. Some of these were small box labs and others were major laboratories. 789 During the review period, the Drug Squad used the Act on two clandestine laboratories. One of these incidents, which took place in a town on the north coast of NSW, is discussed in the chapter, “Offences in the Drug Premises Act”. In a submission to our discussion paper from the Drug Squad, their other use of the Act on a clandestine laboratory, on this occasion in a suburb in western Sydney, was discussed. The submission noted that: The broader powers were successfully used in this example under Strike Force [name] putting a reverse onus on persons present at a manufacturing site and providing greater warrant entry options to avoid losing evidence. 790 The Drug Squad has anticipated that, in the future, the Drug Premises Act will be used to obtain search warrants for clandestine laboratories. 791 The State Crime Command was also involved in a long and complex operation in relation to a syndicate which police believed was involved in drug manufacture and supply. This case study is discussed below. Case study 24. High level drug supply Early in 2001, police from the State Crime Command set up a Strike Force to investigate a syndicate that was operating on the south coast of NSW. According to police, the syndicate was actively involved in the supply of amphetamine, cocaine and ecstasy. Police investigations focussed on the principal of the syndicate, offender A, and extended out to a network comprised of several of his relatives and associates, and low level dealers and users who bought drugs from members of the syndicate. 789 Police Weekly, Vol 14, No 47, 2 December 2002 p. 5. 790 Submission, NSW Police, State Crime Command Drug Squad, 1 August 2003. 791 Ibid. 144 NSW Ombudsman Review of the Police Powers (Drug Premises) Act 2001
To begin with, telephone intercepts were set up on mobile phone services held in offender As name. During the course of the investigation, over 8,000 telephone calls were intercepted. Police noted that “a large percentage of [the calls] appear to be drug related”, and many used code language. Some of these intercepted calls concerned negotiations over the purchase and sale of prohibited drugs, and others related to the purchase of precursors used to manufacture drugs. For example, in one call, offender A discussed the purchase of a kilogram of Sudafed tablets. It became apparent to Strike Force investigators that offender A had a high level of knowledge and expertise in the manufacture, cutting and purity testing of prohibited drugs. According to a police facts sheet, offender A: … over the period of the investigation negotiated the purchase of what Police believe to be large amounts of prohibited drugs being Amphetamine, Cocaine and Ecstasy. During these negotiations [defendant’s name] appears to take possession of a sample and tests the drug for purity and quality prior to negotiating a purchase price. 792 It was also clear that offender A had a thriving business in suppling drugs like cocaine to users on a regular basis. Over a one month period, police noted that the same woman contacted the accused almost on a daily basis and on one occasion, twice daily to arrange the purchase of cocaine. Usually, one gram was purchased each time, at a cost of about $220. On some occasions, there were several phone calls in which she was very persistent, which led to one transaction. Police estimated that they intercepted in excess of 200 conversations between this woman and the principal offender alone. Over the course of the investigation, a range of other evidence was gathered against offender A and others, including low level suppliers and other users. One person who police believed was purchasing drugs from offender A was stopped by local detectives on a rural highway after receiving advice from Strike Force officers. Police located one hundred ecstasy tablets in his car. The Strike Force utilised a range of investigative strategies including telephone intercepts and video and physical surveillance to gather evidence of this kind. Case study 25. The drug premises Various characteristics of offender A’s premises accorded with the indicia of drug premises in the Act, most notably in relation to the security measures at the house. There was a video surveillance camera that monitored the perimeter of the house, and a steel gate that restricted access to the house from the street. This gate was operated by an intercom, and had a second steel gate behind it. Police also noted that there were two German shepherds which roam the area between the second gate and the front door of the house. Police concluded that “the level of technology and security employed … must be considered as high”. 793 They believed it was an attempt to thwart police investigations, and to “further protect the premises, occupants and contents from competitors in the local drug trade.” 794 Police also noted that their surveillance of the premises indicated that the premises are never unattended. Five months after the Strike Force began, and after gathering a large amount of evidence against members of the syndicate, a series of search warrants was applied for and granted, including a drug premises search warrant in relation to offender As house, and the premises of an associate. Several “property tracking” 795 search warrants were issued to search the homes of several of offender A’s relatives. All of the search warrants were executed on the same day. Drug premises search warrant 1: offender as premises Police executed a drug premises search warrant at Offender A’s premises. Offender A, and another person who police also believed was involved in the syndicate, 796 offender B, were at the house and were arrested. 792 Facts sheet, State Crime Command, Drug Premises Incident 1. 793 Ibid. 794 Ibid. 795 The New South Wales Crime Commission was also involved in this investigation. It appears that these warrants were issued under the s. 11 (2) of the New South Wales Crime Commission Act 1985 that authorises the issuing of search warrants if there are reasonable grounds to believe that a things “connected with a matter relating to a relevant criminal activity” will be on the premises. 796 COPS event narrative 2, State Crime Command, Drug Premises Incident 1. NSW Ombudsman Review of the Police Powers (Drug Premises) Act 2001 145
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Review of the Police Powers (Drug P
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Contents Preface ..................
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Chapter 11. Drug move-on powers in
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Acknowledgements This report was re
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Part One. Background. Chapter 1. In
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Drug offences, unlike for example,
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elieve is in a public place with th
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Chapter 2. Methodology In this chap
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2.3.5. Health data NSP distribution
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As the table indicates, more than o
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2.4.7. Complaints The NSW Ombudsman
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NSW Police advised us that calculat
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Another data limitation is that COP
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Chapter 3. Legislative survey This
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Once police have entered the suspec
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The table below sets out the penalt
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(c) that the nature and extent of t
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The Act contains four additional in
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A fortification removal notice is r
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For example, section 39(3) of the Q
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Part Two. Drug premises Chapter 4.
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In the police training manual on th
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Case study 2. Drug premises search
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4.2.4. Presenting the application b
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A Crime Manager we interviewed from
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applications. In this Act, an inves
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Chapter 5. The definition of drug p
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5.2. Recommendation That Parliament
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5.5.2. Section 11(2)(b): fortificat
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In our chapter on Cabramatta, we di
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The woman was found guilty of allow
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5.5.5. Means or devices for drug us
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Number of Premises Figure 7. Razor
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However, no other evidence of drug
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• magnum revolver and a 0.357 mag
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5.5.8. Section 11(2)(g): large amou
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The magistrate noted that there wer
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In relation to the money located on
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5.7.6. Cars as drug premises As we
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… rather than being on the edge o
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Chapter 6. The Drug Premises Act -
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• the offence of being found on,
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With reverse onus, we didn’t have
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In the following section, we will d
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Officers from the State Crime Comma
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The second reading speech, which gi
Page 93 and 94: In the granny flat, police found ca
Page 95 and 96: Table 6. Pleas entered and court ou
Page 97 and 98: The magistrate said that he had a r
Page 99 and 100: 13. Allowing use of premises as dru
Page 101 and 102: The defendant says he was not there
Page 103 and 104: Figure 13: Ages of people charged w
Page 105 and 106: Table 12. Number of charges for var
Page 107 and 108: Chapter 7. Cabramatta 7.1. Introduc
Page 109 and 110: No. of Drug Premises Figure 14: Num
Page 111 and 112: Table 13. Information about drug pr
Page 113 and 114: It should be clear that this legisl
Page 115 and 116: The unit was in disarray, with spar
Page 117 and 118: 7.5. Level of drug supply the law i
Page 119 and 120: 7.5.3 Firearms, weapons and high le
Page 121 and 122: 7.6. Charges laid under the Drug Pr
Page 123 and 124: 7.6.4. Young Asian people and drug
Page 125 and 126: Of these 52 people, 31 people pled
Page 127 and 128: 7.8. Conclusion: Impact of the Drug
Page 129 and 130: By way of comment, the continuing a
Page 131 and 132: Chapter 8. Targeting drug supply Pa
Page 133 and 134: Table 18. Drug Misuse and Trafficki
Page 135 and 136: Low level drug suppliers are more l
Page 137 and 138: Other forms of organisation in evid
Page 139 and 140: Table 19. Drugs Located, State-wide
Page 141 and 142: Table 23. Drugs located, Northern R
Page 143: However, the submission concluded b
Page 147 and 148: The prohibited drugs that were loca
Page 149 and 150: One factor that appears to have per
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