UP IN THE CROSS, SOME THINGS WILL NEVER CHANGE

Police know that merely managing the drug problem is their only real
option, writes Richard Ackland.

On Monday in Kings Cross's "Piazza Diabolo", two malnourished citizens
were being chased by a large, wild-eyed man screaming obscenities and
flourishing a hefty metal pike. One of the retreating souls had
nothing more than a slim plank of wood with which to defend himself.
Dreadful curses filled the air: "You f---ing mongrel c---. You're
f---ing dead." Another drug deal gone bad, no doubt.

This was two days after Kings Cross police conducted Operation Tapa,
which was not directed at stamping out Spanish food in the area, but
rather a sweep aimed at "criminal activity and drug distribution".
Apart from the metal pole drama, the main drag of the Cross has been
relatively quiet. Once the criminals are chased away, it seems there
aren't too many people left. Of course, the regular homeless, street
workers and drug dependents remain firmly encamped.

Operation Tapa achieved the arrest of 171 people for drug supply and
associated offences, the discovery of $25,000 worth of heroin,
ecstasy, cannabis and cocaine, and the seizure of assets to the tune
of $700,000, now frozen by the Crime Commission. Police PR worked
overtime spreading the exciting news. A Sunday news conference was
organised with the Kings Cross area commander, Acting Superintendent
Ron Mason. It was carefully explained this was part of a series of
raids following extensive surveillance in recent months. Certainly
experienced observers in the area have noticed recently more police
activity than usual.

Two weeks ago Kings Cross police announced that they had been involved
in a seven-hour operation in the Piazza Diabolo (aka Springfield
Mall), Darlinghurst Road and Roslyn Street. Nine people were arrested
for supply and possession. Seven of the arrests were
"dog-assisted".

It will be interesting to see what happens when those charged get to
court. If the suppliers are dependent drug users (and most are), and
if the individual quantities of the substance they possessed are
small, it is likely the magistrates will regard it as a health issue,
rather than a law and order issue, and dismiss the cases.

So there has been a significant disincentive for the police to arrest
anyone around the Cross who has on their person small quantities of
drugs. The amount of police time and paperwork involved to get someone
to court is hardly worth the candle.

The low-level dealers and junkies have also developed smart tactics to
assist in the smooth supply of their products. Rarely are suppliers
stupid enough to be found with decent quantities of the stuff on them.
They direct buyers to points around the neighbourhood where the
product is stashed, or the drugs are dropped in cigarette packets from
the upper floors of "hotels" to anxious customers on the footpath below.

In other words, an important consideration in all of this cut and dash
by the local Bill will be just how high up the food chain are those
who were arrested.

And there are all sorts of other forces at play that affect the
policing of this sinkhole of human despair.

Generally stated, the overriding policy is one of containment. The
drug supply industry is contained as much as possible in a
well-defined pocket. Because the area is represented by the
Independent State MP Clover Moore, there is no great political concern
as long as the problem at street level does not spread up the railway
lines into electorates held by the governing party.

Then there is the selective way law enforcement is conducted. For
instance, in the legislative response to the drug summit the police
were given more powers in connection with the illegal injecting rooms.
Those rooms still operate around the Cross, in fact one is just above
the legal, medically supervised injecting room. The illegal rooms are
open 16 hours a day more than the legal room. These grimy facilities
operate hand in glove with the sex industry.

If the police exercised their powers without discretion, the illegal
injecting rooms would be closed down and the consumption of drugs
would again be more visible on the streets - and there would be the
gruesome prospect of public sexual congress.

For these policy reasons, the illegal injecting rooms will just roll
on as before.

The law enforcers will get more strength to their arm once the Police
Powers (Drug Premises) Bill and associated measures are through the
NSW Parliament. These new laws will give the constables powers to
arrest those who "organise and assist in the organisation of a drug
house" such as cockatoos, door attendants and guards.

All very well. But the police understand that containing something
that cannot be stamped out is a more important reality than a
boots-and-all approach. Keeping it off the street and distributed by a
class of criminals whom the authorities can manage is the real story.