Pubdate: Fri, 06 Apr 2001
Source: Australian, The (Australia)
Copyright: 2001 News Limited {YEAR}
Contact:  http://www.theaustralian.com.au/
Details: http://www.mapinc.org/media/35
Author: Sian Powell

HEROIN INJECTING ROOM CAN OPEN DOORS TODAY

THE drug-injecting centre at Sydney's Kings Cross could legally open its 
doors this morning.

It cleared a legal hurdle yesterday when Justice Brian Sully of the NSW 
Supreme Court dismissed the Kings Cross Chamber of Commerce's attempt to 
prevent it operating in its present location.

Chamber spokesman Malcolm Duncan said he had been advised the judgment 
could be appealed against and the chamber had 28 days to consider this. 
However, since costs were awarded against the chamber (likely to be in the 
range of $50,000 to $70,000), financing the appeal might be difficult. "I 
might run it myself," said Mr Duncan, a lawyer.

The chamber had challenged the validity of the licence granted to the 
Uniting Church by the NSW Police Commissioner and the director-general of 
the NSW Health Department to run an 18-month trial at the injecting centre 
at 66 Darlinghurst Road.

However, Justice Sully found the commissioner and the director-general had 
acted "reasonably and within the statutory criteria". He also found there 
was no lawful impediment to the Uniting Church administering the injecting 
centre.

Harry Herbert, of Uniting Care, said the judge's decision was a 
comprehensive victory. "It's a relief to me that we can now get on with 
having this trial."

Reverend Herbert said the injecting centre would be opened as quickly as 
possible, but it would take time to hire and train staff.

Wayne Stuart, 49, who started using heroin in 1967, said he welcomed the 
news, saying it would save a lot of lives. "It's great, it's just great," 
he said.

Referred to by Justice Sully as "a precisely and carefully controlled 
social experiment aimed at alleviating some of the worst consequences of 
individual addiction to substances such as heroin", the trial was mooted at 
the NSW Drug Summit almost two years ago.

In his judgment, Justice Sully quoted from a submission on drug use in the 
area. "While a range of studies have indicated that most injecting use 
occurs in private, it is estimated that in Kings Cross 44 per cent of 
injecting drug use takes place in public places (such as streets, parks and 
public toilets) or in 'shooting galleries'."

Ambulances were called to 677 overdoses in Kings Cross in a 12-month period 
in 1999-2000.

Justice Sully also refused an application by the chamber for a stay on the 
centre's opening.
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MAP posted-by: Jo-D