Pubdate: Thu, 29 Oct 1998
Source: Daily Telegraph (Australia)
Page: 5
Contact:  The Daily Telegraph
Author: Rachel Morris, Political Reporter

BILL TO ALLOW POLICE TO USE ILLEGAL DRUGS AS 'BAIT'

POLICE will be given the power to use illegal drugs to catch corrupt
officers under legislation to be introduced in State Parliament today.

Drugs such as heroin, ecstasy and cocaine seized during routine
operations will become the "bait" for police integrity tests, The
Daily Telegraph has learned.

Attorney-General Jeff Shaw said yesterday there was a problem in the
current laws in that police could use the drugs in "sting" operations
but they could not legally obtain the substances.

The new law will close a loophole that has led to courts striking out
evidence against officers caught in police traps. It will give the the
Police Commissioner the authority for his officers to engage in
"unlawful activity" for the purposes of investigation.

It is understood the legislation has been prepared ahead of a report
by State Ombudsman Irene Moss expressing concern that police are being
hampered in their quest to rid the service of corrupt officers because
of restrictions on "sting operations".

The Independent Commission Against Corruption and the Police Integrity
Commission are also expected to be criticised by Ms. Moss in her report
on the Law Enforcement (Controlled Operations) Act 1991, which will be
tabled in Parliament today. Although there is no prohibition regarding
the acquisition of drugs by a police officer for the purpose of a
"sting", the absence of an express authority has resulted in the
evidence obtained by these operations being ruled inadmissible in court.

"Integrity testing allows the Police Service to ivestigate corruption
and bad practice and to take appropriate action such as prosecution,"
Mr Shaw said yesterday.

"One method that is an effective way of conducting such testing is to
use drug exhibits as 'bait'.

"The Government is moving to support any reasonable measure which may
assist in discovering and  eradicating corruption."
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Checked-by: Patrick Henry