INFORMANT COULD SELL COCAINE, SAYS JUDGE

A CONTROVERSIAL operation in which an informant was authorised by the
NSW Crime Commission to sell seven kilograms of cocaine has been
ruled lawful.

Four men committed for trial after buying the cocaine have lost a
legal challenge in the Supreme Court.

The four - Robert Pavan, 57, a part-time bookmaker, David Dowe, 71,
of Coogee, Gilbert Gedeon, 29, a coffee shop owner of Parramatta, and
Joe Zaiter - had been committed for trial this year.

During the committal it was alleged that Michael Hurley, 59, Leslie
Robert Mara, 53, a former rugby league player who was arrested a
fortnight ago, and Shayne Hatfield, a surfer, were the ringleaders of
a drug syndicate that imported $30 million worth of cocaine using
corrupt Qantas baggage handlers.

The agreed statement of facts tendered to the Supreme Court, on
October 8, 2004, says about 10 kilograms of cocaine was unlawfully
imported.

The informant, codenamed Tom, who had the primary role of selling the
cocaine, buried it in bushland near Wahroonga. Later he sold three
kilograms and reburied the rest.

In December that year Tom become an informant for the NSW Crime
Commission and, as a result, the remaining seven kilograms was dug up
and handed to the commission. After a meeting with NSW police and the
Crime Commission it was decided to run a controlled operation in
which Tom would continue to sell the drugs.

Justice Peter Hall noted in his decision: "It is a fact of some
significance that this occurred in a context in which Tom had earlier
advised the commission of two planned importations of significant
quantities of cocaine proposed for February 2005."

Justice Hall noted that "in order to maintain Tom's credibility with
a particular person and with other subjects of the investigation" the
meeting "approved in principle the supply of up to seven kilograms of
cocaine in circumstances in which it was unlikely that the cocaine
would be recovered by law enforcement officers".

The four men challenging this decision to sell the cocaine had argued
that the Law Enforcement (Controlled Operation) Act was invalid as it
was inconsistent with federal laws that regarded the sale of
prohibited drugs as a serious criminal offence.

One of the alleged principals, Hatfield, has been declared mentally
unfit to stand trial. He will remain in custody until the Mental
Health Review Tribunal reviews the matter next year.

Another alleged principal, Hurley, is suffering from terminal cancer
and has been seeking a permanent stay order. His application will be
heard in the District Court this week.