'MORAL VICTORY' AS JUDGE CLEARS WAY FOR INJECTING ROOM

Australia's first legal heroin injecting room has been given the
green light after a Supreme Court judge rejected claims by Kings
Cross businesses that the operating licence was invalid.

The Rev Harry Herbert of the Uniting Church, which holds the licence,
described the decision as a "moral victory", and said the 18-month
trial would begin "as quickly as possible".

Legal action by the Kings Cross Chamber of Commerce, which opposed
the location of the medically supervised injecting room at 66
Darlinghurst Road, has delayed the trial, which was recommended by
the drug summit nearly two years ago.

The founder of the Family Drug Support Group, Mr Terry Trimingham,
whose son died of a heroin overdose four years ago, said he had mixed
feelings about the ruling.

"There is still a sense of frustration that it has been two years and
instead of evaluating the trial we are going through these pedantics,
but a relief that it was a fairly emphatic decision and now a sense
of let's get on with it," he said.

At a hearing last month, the chamber of commerce argued that the
Uniting Church of Australia Property Trust did not have the statutory
power and functions to hold the licence.

It also submitted that the police commissioner and director-general
of the Department of Health had not properly considered the church's
application for the licence.

But Justice Sully described the church's proposal as "precise and
well thought through" and said the evidence clearly showed that the
commissioner and director-general had seriously considered and
assessed the application.

The judge said it was not the role of the court to decide questions
on public policy, public morality, social philosophy, social policy
or social welfare, but rather to examine and construe the terms of
the licence issued.

A spokesman for the chamber of commerce, Mr Malcolm Duncan, said it
would consider an appeal. Describing the centre as a "Petri dish", he
said the legislation effectively legalised drug dealing and
possession in Kings Cross.

Mr Duncan said the proposed opening hours for the injecting room
would not have saved Mr Trimingham's son because he died in the early
morning.

Mr Herbert said he hoped the trial would not be delayed by further
legal action.

"The chamber has had its day in court. The judgment has ruled against
them. It's time for them to let this trial go ahead.

"Surely we have had enough discussion about the issue. It's only a
trial. We won't know if it's good or bad until we do it."

Mr Herbert said staff had to be trained and put on the payroll before
the centre could open.

The Opposition Leader, Mrs Chikarovski, expressed disappointment with
the judgment, saying the Carr Government had promised that the
injecting room would be established only with "sufficient" community
support.

The Special Minister of State, Mr Della Bosca, said the ruling would
allow the church to proceed with the injecting room "without further
delay".

HOW THE TRIAL WILL WORK

- - The trial will last 18 months and will be reviewed regularly.

- - When it is over, a report will be submitted for State Parliament to
consider before it decides whether to continue the program.

- - It is estimated that there will be 150-200 injections of drugs in
the room every day.

- - It is planned that the injecting room will be open for four hours
in the morning and four hours in the evening.

- - Three registered nurses and five drug and alcohol counsellors will
be on duty at all times.

- - The room contains eight stainless steel cubicles, with two seats
each, allowing 16 people to inject at any one time.

- - Patients will be given a clean syringe, a spoon, water and a swab
to inject their drug.