COCAINE BURN-OFF 'DENIES JUSTICE'

A "publicity stunt" by the Federal Justice Minister, Senator Vanstone,
in which $120 million worth of cocaine was destroyed before media
cameras, could lead to charges being dismissed against those accused
of importing the drugs.

Lawyers acting for seven men charged with the importation of a record
half tonne of cocaine that was seized from a yacht last month have
accused the minister of denying their clients natural justice by
ordering the destruction.

The burning of the drug by Federal Police and Customs at an industrial
incinerator in Sydney last Tuesday came in the face of pleas from
defence solicitors to Senator Vanstone and Federal Police to halt the
destruction.

After the destruction of the drugs, Senator Vanstone told the Senate: "It sends a very clear message to drug traffickers: their money goes up the chimney and their colleagues will spend years in prison.

"There wouldn't be a drug cartel in the world that can happily lose
500 kilos of cocaine - this is a serious blow to any business."

Solicitors Ms Rosemary Freeman and Ms Deb Paton have accused Federal
Police and the minister's office of failing to inform them of the
decision to destroy the drugs and ignoring requests for a viewing and
an independent analysis of its content.

The destruction took place one day before Federal Police were required
by court order to serve the brief of evidence detailing their
investigation into the February 1 seizure from the yacht.

At the time Federal Police and Customs trumpeted the success of the
operation due to the introduction of new technology including long
range surveillance equipment, vessels and aircraft.

Both Ms Freeman and Ms Paton said they were stunned to learn of the
"stunt" at virtually the "11th hour" on Tuesday and had made many
phone and written fax requests to the minister's office, the
Commonwealth Director of Public Prosecutions and AFP that day to try
to stop the destruction.

Ms Paton told the Heraldyesterday that she had asked Federal Police in
mid-February for a "viewing" of the cocaine that was being held in the
AFP's Sydney drugs vault, but received no reply.

Ms Paton said she only learnt of the decision by the AFP to destroy
the drugs by accident about 10am on Tuesday via a radio report.

She contacted the AFP, Commonwealth DPP and the minister's office to
have the burn-off cancelled but was unsuccessful.

Ms Freeman, who is representing another of the accused, had that
morning also learnt by accident of the intended destruction.

Ms Freeman too attempted to have it halted in a seriesof phone calls
and faxes.

In a fax to the minister last Tuesday Ms Freeman wrote:

"The representatives of those charged consider the alleged cocaine to
be vital evidence in the matter and would wish to view the exhibit
(prior to its destruction) and potentially make arrangements for
independent analysis of same."

Both Ms Freeman and Ms Paton are still waiting for Federal Police to
serve the brief of evidence and are now considering the legal
implications of the destruction of the exhibits.

However, a spokesman for Senator Vanstone told the Herald yesterday
that the burn-off was in accordance with national guidelines allowing
for the quick destruction of large quantities of alleged drugs seized.

The spokesman said that under the guidelines the AFP had to keep
"samples" that had been subjected to analysis as well as photographic
evidence of the seizure and its destruction.