Pubdate: Mon, 20 Mar 2000 Source: Herald Sun (Australia) Copyright: News Limited 2000 Contact: http://www.heraldsun.com.au/ Author: Paul Anderson DRUG SUSPECT 'TIPPED OFF' A PROMINENT Melbourne criminal lawyer has been accused in court of warning the key suspect in a major National Crime Authority investigation he was under surveillance for drug trafficking. The NCA has alleged in Melbourne Magistrates' Court that Dennis Smith was tipped off that his hotel was under surveillance after lawyer Brian Rolfe showed him a brief of evidence about a separate drug case. NCA phone taps show Mr Smith, now facing a series of drug charges after police raided the Hollyford Hotel last December, rang a friend after meeting with Mr Rolfe and said: "The pub's hot. As hot as mustard". Mr Rolfe denied passing on any information from a police brief to Mr Smith. Dennis William Smith, 55, of Strathmore, was arrested with others, including Hollyford co-owner Kerry Joseph Ashford, 54, of Melbourne, and friend Stephen William Collins, 47, of Roxburgh Park, after special operations group police raided the hotel on December 23 last year. An earlier court hearing was told the arrests followed a year-long NCA investigation that included surveillance, undercover officers and phone taps. Police alleged drugs were being dealt from the pub in Elizabeth St, Carlton. Det-Sgt Paul Lunt, of the NCA, has alleged during the trio's bail application that Mr Smith learned of the investigation after meeting with Mr Rolfe, his lawyer, on December 17. According to Det-Sgt Lunt, Mr Rolfe had received a police brief about a separate drug case, which contained information about the Hollyford operation. "Smith visited Rolfe at his office and when he left he got on the phone and described the context of that brief," Det-Sgt Lunt told the court. "The tone of the phone calls were that he (Smith) was going to go into damage control." The Herald Sun understands Mr Rolfe's alleged actions are to be referred to Victoria Police for investigation. Mr Smith, who is facing drug charges including counts of trafficking amphetamines and ecstasy, and Mr Ashford and Mr Collins, who are facing charges of conspiring to traffic amphetamines, are all seeking bail. The NCA has strenuously objected to bail. Det-Sgt Lunt alleged there was a strong chance the men might interfere with witnesses and that they were likely to commit further offences, like armed robbery, if necessary. The NCA told the court it believed the men might flee the country because of overseas connections and alleged access to false passports. The court heard Mr Ashford has a wife in Thailand and a daughter who is a travel agent. It also heard Mr Smith, who suffers from cancer, still receives income from a hotel in Manila and that he told an undercover policeman he had "diplomats in his back pocket". "This case does not deal with your run-of-the-mill street dealers," Det-Sgt Lunt said. Mr Rolfe, for Mr Smith and Mr Ashford, claimed the prosecution case was based on thin evidence and innuendo. He argued that while his clients had extensive criminal histories they had never failed to report on bail, and for health reasons Mr Smith in particular should be allowed to "recuperate and convalesce at his family home". "He tells me he's in constant pain ... and he cannot turn his mind to his defence (while in jail)," Mr Rolfe told the court. "His mind is besieged by the question of his health. This man and the community would be far better served by having him treated by his own oncologist. He is not going to get treatment (in jail). Humanity says he must get (it) if he's going to survive." Magistrate David McLennan will announce his decision on the bail applications on Thursday. - --- MAP posted-by: Keith Brilhart