News (Media Awareness Project) - Australia: Drug Conviction Quashed Because Of Corrupt Officers |
Title: | Australia: Drug Conviction Quashed Because Of Corrupt Officers |
Published On: | 2002-03-28 |
Source: | Age, The (Australia) |
Fetched On: | 2008-01-24 14:35:58 |
DRUG CONVICTION QUASHED BECAUSE OF CORRUPT OFFICERS
The shadow of the Wood royal commission continues to darken the NSW
police service after a Gosford man today had his conviction for drug
dealing quashed on appeal.
Michael John O'Sullivan was originally sentenced to six months's jail
on the strength of a confession given to two Gosford drug squad
officers, who were called to give evidence at the 1995 royal
commission into police corruption.
One of the officers was later convicted of inciting, soliciting and
procuring the supply of prohibited drugs and knowingly giving false
evidence.
O'Sullivan claimed on appeal that he had been coerced into making a
confession when arrested on November 15, 1991.
He only pleaded guilty to the charges of supplying and self
administering heroin because he thought the confession could not be
challenged and that it was "so tainted" the court would have set him
free, he said.
The NSW Court of Appeal today agreed, quashing his conviction because
"it could not be satisfied beyond a reasonable doubt the confession
was given voluntarily".
"The evidence disclosed that at least one of the arresting officers
was prepared to act corruptly in the performance of his duties in
criminal investigations," the appeal justices said.
O'Sullivan first appealed his Gosford Local Court sentence on the
grounds of severity.
He was later re-sentenced by the District Court, serving 10 months
periodic detention.
The shadow of the Wood royal commission continues to darken the NSW
police service after a Gosford man today had his conviction for drug
dealing quashed on appeal.
Michael John O'Sullivan was originally sentenced to six months's jail
on the strength of a confession given to two Gosford drug squad
officers, who were called to give evidence at the 1995 royal
commission into police corruption.
One of the officers was later convicted of inciting, soliciting and
procuring the supply of prohibited drugs and knowingly giving false
evidence.
O'Sullivan claimed on appeal that he had been coerced into making a
confession when arrested on November 15, 1991.
He only pleaded guilty to the charges of supplying and self
administering heroin because he thought the confession could not be
challenged and that it was "so tainted" the court would have set him
free, he said.
The NSW Court of Appeal today agreed, quashing his conviction because
"it could not be satisfied beyond a reasonable doubt the confession
was given voluntarily".
"The evidence disclosed that at least one of the arresting officers
was prepared to act corruptly in the performance of his duties in
criminal investigations," the appeal justices said.
O'Sullivan first appealed his Gosford Local Court sentence on the
grounds of severity.
He was later re-sentenced by the District Court, serving 10 months
periodic detention.
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