ECSTASY CASE MAN CLEARED AFTER ENTRAPMENT CLAIM

Undercover police operations could be challenged after a sheriff
dismissed a case against an alleged drug dealer who claimed he was the
victim of entrapment.

In what is believed to the first ruling of its kind by a Scottish
court, Paul Hammond walked free after it was claimed that his arrest
contravened the European Convention on Human Rights.

Hammond was one of five people charged with possession with intent to
supply ecstasy at a nightclub in Whitburn, West Lothian, in August
1998.

But Sheriff Peter Gillam ruled that the evidence against him could not
be put to a jury because he had been encouraged to carry out an act he
would not normally have been involved in and for the jury to hear
details would breach the European Convention on Human Rights.

Mr Hammond's pleas of not guilty to charges of possession and being
involved in the supply of ecstasy were accepted by the depute fiscal,
Karon Rollo.

After the case, Mr Hammond said: "It is great to create legal history.
I am very happy with the result."

His solicitor, Jim Keegan, said: "This is the first time that the
entrapment defence has been argued successfully in a Scottish court.
It is another victory for Article 6 of the European Convention on
Human Rights."

John Scott, the chairman of the Scottish Centre for Human Rights, said
the case highlighted the need for police to be properly advised on
acceptable behaviour while on undercover work.

Mr Scott said: "There will be challenges in other cases based on this
finding. It is a decision we would welcome as it means the police have
to ensure that every single aspect of investi-gations into crime is
properly done and is above board and that they are not above the law."

During the trial of the other accused at Linlithgow Sheriff Court, the
jury heard how undercover police, known only as Helen, Martin and
Mark, targeted the Club Class nightclub for three nights. One of the
accused, Stephen Lockie, a disc jockey, was so enamoured by Helen that
he thought it might lead to a long-term relationship.

He alleged she had allowed her mini-skirt to ride up until her
underwear showed, that she kissed him and touched his hand as she
asked him for drugs. Lockie claimed it was with hopes of an affair
that he became involved in supplying the officers with ecstasy tablets
but the court also heard that the police operation had failed to catch
the major dealers they had been looking for.

When the three undercover officers entered the club and tried to buy
drugs, they were told: "Nobody's dealing tonight. The drugs squad are
in the area so nobody is getting involved."

It was three nights before the operation was halted and uniformed
back-up teams called in to comb the club for drugs and strip-search
the customers.

Mr Hammond, of Blackburn, West Lothian, who was celebrating his 21st
birthday and said to be so drunk he did not know what was going on,
was arrested, along with Lockie, 30, of Camelon, Falkirk, Raj Gindha,
29, of Cathcart, Glasgow, Alan Crosbie, 22, of Garrowhill, Glasgow,
and Adele Tait, 21, of Whitburn, West Lothian.

Lockie admitted supplying five ecstasy tablets worth UKP50; Gindha
admitted possession of UKP250 worth of cocaine; and Crosbie and Tait
pleaded guilty to being involved in the supply of three ecstasy
tablets worth UKP20. Sentence was deferred on all four for background
reports by the sheriff.

Tom Wood, the deputy chief constable of Lothian and Borders police,
who were behind the operation, said: "We have not received the terms
of this judgment but clearly we will learn from any decision taken in
court and review our operational methods accordingly. We have clear
guidelines and always carry out such operations in consultation with
the procurator-fiscal."