HOSTEL MANAGERS LOSE APPEAL IN DRUGS CASE

Two charity workers were rightly convicted of failing to prevent heroin
dealing in their hostel, the Court of Appeal decided yesterday, and issued
a stark warning to all organisations who work with drug users.

In a judgment that shocked the charity sector, the judges said: "This case
must serve as a warning that no one, however well intentioned, can with
impunity permit their premises to be used for the supply of Class A drugs."

Ruth Wyner and John Brock, the so-called Cambridge Two, were sentenced to
five years and four years respectively at King's Lynn last year after an
undercover operation by police disguised as homeless men. The pair were
released in July at a hearing that gave them leave to appeal against their
conviction and sentence. The Court of Appeal told them on December 1 that
they would not be returned to jail

Yesterday the judges agreed the charity workers "did not stand to make any
commercial or other gain" and that their sentences were "very significantly
too high". Wyner and Brock, who served seven months, should have been
sentenced to 18 months, the court said.

But harsher sentences could follow in any other cases. "We stress that a
sentence longer than [18 months] may well be appropriate if, in the future,
others in the position of the appellants commit this offence."

Later, Kevin Flemen, senior project officer for the drug charity Release,
said the legislation under which the prosecution was brought also applied
to cannabis. "Anyone working with drug users runs the risk of a substantial
custodial sentence if they fail to stop the supply of drugs on their premises."

Lord Justice Rose, sitting with two other judges, dismissed claims by the
charity workers that the trial judge had wrongly directed the jury. They
said the key issue was whether Wyner and Brock knew there was heroin
dealing and whether they took "all reasonable steps" to prevent it.

The judges said the two, who operated a strict policy of client
confidentiality, would not co-operate with police after a man died from an
overdose at their Wintercomfort hostel in Cambridge in 1998.

Although the charity had a written policy banning drug use on the premises,
the judges found a book listing people barred for drugs "demonstrated both
the rarity of bans of any significant length and the repeated flaunting of
such bans as were imposed". The judges said: "It is ... apparent ... the
jury could only have concluded that both appellants were aware of, or shut
their eyes to, an obviously significant level of dealing." They agreed
Wyner and Brock "lacked the evil motive usually a feature of criminal
behaviour".

The judgment went on: "They were caring for the unfortunate, doing a job
which few would enjoy. Both appellants are 49 and hitherto of impeccable
character. They have dependent and loving families. They are spoken of in
the highest terms by those who know them."

But the court said a jail sentence was appropriate because "these offences
permitted heroin dealing, which was capable of having a continuously
damaging effect on those in the appellants' care".

Outside the court, Ruth Wyner said she had hoped the conviction would be
quashed. "It's a big disappointment and I feel I have been badly
misrepresented by the court. I especially feel bad for the people working
in the homeless sector who have a sword of Damocles hanging over them."

After 20 years working with the homeless, she admitted it would be
"difficult to earn a living when you have a conviction on your record".

John Brock said the outcome was "par for the course" in "two and a half
years of injustice. You are dealing with very vulnerable people with
massive problems. You do your best and when that is not seen as good enough
you are branded a criminal."

The Crown Prosecution Service said it felt vindicated. Richard Crowley,
chief crown prosecutor for Cambridge, added: "The actions of Wyner and
Brock took them beyond the role set for them by the trustees of the
Wintercomfort charity. It is clear both defendants broke the law."