Pubdate: Tue, 29 Feb 2000
Source: Herald, The (UK)
Contact:  http://www.theherald.co.uk/
Author: Valerie Hannah

DISC JOCKEY WALKS FREE AFTER ENTRAPMENT DEFENCE

A CLUB disc jockey accused of supplying drugs to an undercover policewoman
walked free yesterday after the defence of entrapment was accepted by a
Scottish court for the first time.

Mr Paul Hammond, who was celebrating his 21st birthday, was arrested during
a raid on a nightclub in West Lothian after an undercover police operation
lasting three nights.

He was charged with the possession and supply of ecstasy.

But Sheriff Peter Gillam ruled it would be a breach of the European
Convention on Human Rights for the jury to hear the evidence against Mr
Hammond because he had been coerced into supplying the drugs.

Mr Hammond's not guilty plea was immediately accepted by depute-fiscal Karon
Rollo at Linlithgow Sheriff Court in a historic ruling which was last night
welcomed by human rights groups.

Mr John Scott, chairman of the Scottish Human Rights Centre, described the
outcome as "a lesson for police forces throughout Scotland" who should now
be wary of "straying too far into the territory of causing crimes to be
committed".

He added: "I think it is the right decision because it means lines have been
drawn beyond which the police must not go. It is not going to mean police
can't investigate cases properly, but it will ensure that they are not a law
unto themselves."

Professor Alan Miller, director of the Human Rights Centre, said the case
helped shine a light on various corners of Scottish criminal law which had
been found wanting before the introduction of the European Convention on
Human Rights.

Glasgow solicitor Gerry Brown said police would have to be "extremely
careful" when setting up undercover operations in future.

He added: "It is not a surprise that these matters are being challenged in
view of the European Convention. Whether that challenge is successful in the
long term will depend on whether the Crown Office launches an appeal."

Mr Hammond was one of five people arrested during a raid on Club Class,
Whitburn, in August 1998 after an undercover police operation.

The trial started with the court going to extraordinary lengths to protect
the identity of the three officers involved, who had been brought in from
outside Lothian and Borders Police.

They were known only by the pseudonyms Helen, Martin, and Mark, and gave
evidence from behind screens which hid them from public view after an
earlier hearing was told the officers' lives would be at risk if they were
identified.

The court heard claims that one of the club disc jockeys, Stephen Lockie,
was so enamoured by Helen that he believed a long-term relationship was
possible.

He alleged she had allowed her mini skirt to ride up until her underwear
showed, and that she kissed him and touched his hand as she asked him for
drugs.

It was with hopes of a budding affair that he became involved in supplying
the officers with ecstasy tablets.

But the court also heard that 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".

Three nights later, they called in uniformed back-up to comb the club for
drugs and strip search the customers.

They arrested Mr Hammond, of Blackburn, West Lothian, Stephen Lockie, 30, of
Camelon, Falkirk, and Raj Gindha, 29, of Cathcart, Glasgow.

Alan Crosbie, 22, of Garrowhill, Glasgow, and Adele Tait, 21, of Whitburn,
West Lothian, were also charged with drugs offences.

Lockie admitted yesterday supplying five ecstasy tablets worth UKP50; Gindha
admitted possession of UKP250 worth of cocaine; and Crosbie and Tait both
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.

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

His solicitor, Mr 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."

Sergeant Kenny Hart, of the Association of Chief Police Officers in
Scotland, said it would be inappropriate to comment on the the case, but
added: "The issues surrounding the European Convention on Human Rights have
been the subject of detailed examination by the service. This includes the
use of undercover officers and covert procedures in respect of the fight
against drugs."

A spokesman for Lothian and Borders Police said: "We would want to see the
sheriff's judgment and study it carefully before making any comment."
- ---
MAP posted-by: Don Beck