CUSTOMS BLAMED FOR DRUG CASE 'DEBACLE'

A judge has condemned the "socially corrosive and destructive" methods
employed by Customs and Excise in investigating a pounds 50 million
cocaine smuggling racket.

Mr Justice Turner delivered a scathing attack on Customs as he threw
out charges against Brian Doran and Kenneth Togher, the alleged
masterminds of the drugs operation. The judge was appalled to discover
that Customs officers had illegally bugged hotel rooms to gain
evidence against Doran and Togher.

The officers then lied on oath in court, claiming that they had
permission from hotel managers to put recording devices in bedrooms.
Other evidence they presented was falsified.

Doran, 54, and Togher, 35, were convicted at their original trial at
Bristol Crown Court in 1997 but the Court of Appeal ordered a retrial
last year. At the outset of that hearing, in the same court, Mr
Justice Turner found there had been an abuse of process and ordered a
stay of proceedings.

In his judgment, published yesterday, the judge said: "It would not be
right to leave this case without expressing a deep sense of judicial
concern over what may be considered to be a scandalous result. This
arises out of the undoubted commission of a crime which is as socially
corrosive and destructive as the importation of a massive quantity of
high purity cocaine, which will in effect now go unpunished."

Customs had alleged that Doran and Togher were the brains behind an
attempt to smuggle cocaine from the Caribbean into Britain on a
catamaran. The vessel was intercepted off Beachy Head in 1994 and
officers found six packages of cocaine which were dropped from it and
washed ashore.

The prosecution alleged that Doran and Togher planned the operation at
secret meetings in hotel rooms. It was also claimed that they used a
BMW garage as a "front" for their activities.

The case is the second time this year that a high-profile drugs trial
has been halted because of the illegal methods used by Customs
officers. In February, also at Bristol, Judge John Foley acquitted 10
men alleged to have been involved in a pounds 14.5 million cannabis
smuggling ring after uncovering "a catalogue of flawed proceedings,
illegality and incompetence" by Customs officers.

After the latest case, Mr Justice Turner said that he would be
referring his judgment to the Attorney General. He said the failure of
the prosecution to gather evidence within the law and to make full
disclosures to the court had turned the case into a "debacle".

The judge said: "It can be seen that the failures were not just at
operational level, but extended into supervisory and directional
positions. It is the consequence of these failures that has led to the
public being deprived of the protection which a successful trial would
have provided."

Customs and Excise said it was "naturally concerned" at the judge's
ruling. A spokesman said: "This case took place over five years ago.
Since then we have fully revised our procedures in line with current
legislation and they are overseen by the independent commissioner for
intrusive surveillance. We shall, however, study the judgment and will
scrutinise our procedures."

Doran and Togher are still in prison serving sentences for other
offences against which they plan to appeal.