UKP5M DRUGS TRIAL COLLAPSES AFTER 'CPS FAILURES'

Crown Prosecution Service lawyers and the police were severely
criticised by a judge yesterday for incompetence after the collapse of
a drugs trial that included an allegedly corrupt detective.

The trial, estimated to have cost up to UKP5m, was abandoned after the
prosecution failed to disclose hundreds of pages of evidence to
defence lawyers.

Police had alleged that between 1996 and 1998 a drugs gang, which
included a corrupt officer from an elite police squad, had smuggled
UKP12m of cannabis into Britain from mainland Europe. The case
involved Kent police's serious crimes unit, the Scotland Yard
anti-corruption team CIB3 and the National Crime Squad, and took more
than two years to bring to trial.

But Judge Crush, explaining his decision to discontinue the trial two
weeks ago, criticised what he described as a "cavalier attitude",
"careless advice", "error of judgement" and a "culture of
non-disclosure and non-compliance" rife in the prosecution. He also
criticised Kent police officers for offering inducements to a suspect
to become an informant and failing to record evidence, against police
and court codes of practices.

The CPS announced last night that it would be setting up a "thorough
review of the case".

The case involved an allegation of conspiracy to smuggle cannabis
resin into Britain hidden in consignments of detergent, spaghetti,
cement mixers and shoes. During the investigation 800kg of cannabis
worth UKP1.5m were recovered.

The defendants included Detective Sergeant John Bull, a Metropolitan
Police officer on secondment with the National Crime Squad, his
brother Peter, Paul Humphreys, a Kent businessman, and five others.
Det Sgt Bull is still suspended and faces possible disciplinary charges.

The jury for the case was sworn in last November but then discharged
without hearing a word of the trial. The case was thrown out after 11
weeks of legal argument.

Speaking at Maidstone Crown Court, Judge Crush said the collapse of
the case had mainly resulted from the prosecution's failure to
disclose evidence relating to the informant Richard Price, a roofer
and wrestler. In particular, he said, an interview with Price about
his lifestyle and payments made to him and his wife was never recorded.

In March last year, a Kent CPS official certified to defence lawyers
that they had received all the material on the case that might
undermine the Crown's case, as is required by the Criminal Procedure
and Investigation Act 1996. When the trial started, defence lawyers
requested more papers so that they could test the credibility of the
informant. When challenged, the CPS started to release more papers.

In summing up his judgment, Judge Crush said he thought there was a
"real danger" of the defendants not getting a fair trial if he had
allowed it to proceed.