Pubdate: Thu, 09 Sep 1999
Source: Daily Telegraph (Australia)
Copyright: News Limited 1999
Contact:  http://www.dailytelegraph.com.au/
Author: Cindy Wockner, Legal Affairs Editor

INNOCENT MAN JAILED BY POLICE

WHEN Christopher William Duke was 18 he woke one morning to find police in
his bedroom, conducting a drug raid.

By the time he had turned 20, Mr Duke had been convicted of supplying heroin
and was serving a two-year jail sentence.

But long after he had served his 18-month minimum term and had been
released, it was revealed that Mr Duke was the innocent victim of police
corruption the arresting detectives had "loaded" him up with the heroin and
lied at his trial.

Yesterday, more than nine years after he was first charged, Mr Duke was
vindicated. The NSW Court of Criminal Appeal quashed his conviction and
entered a judgment of acquittal. Mr Duke, now 28 and still living in
Bathurst, now will take civil action against the police.

But he will carry the unpleasant memories of being jailed for something he
did not do for the rest of his life.

"It's a long time overdue but I have to just get on with it now. It's been
hard to get work in Bathurst, it's only a small town," Mr Duke said.

"It's put a big downer on my life. I have just got to try to get through it
now. There were a lot of hard times. My brother died while I was in there
from a car accident."

Mr Duke said his family's support was the main thing which kept him going
during his jail term his parents stood by him throughout.

Mr Duke's wrongful conviction came to light at the police royal commission
when police involved admitted he had been "loaded", "verballed" and "fitted
up". A witness, WS15, admitted that the facts sheet prepared by him in
relation to charging Mr Duke was lies. He also had given false evidence at
Mr Duke's trial.

Mr Duke had been living at a unit in Bathurst with his girlfriend when they
were woken one morning in 1990 by a group of police in their bedroom. The
officers claimed they found a plastic bag containing heroin in Mr Duke's
wallet and that he told them he was going to split it up and sell it.

Mr Duke pleaded not guilty at his trial, denying that the heroin was his. He
also denied the alleged confession to police. In May 1992 he was found
guilty by a District Court jury and sentenced to two years' jail.

He was released in November 1993 after serving the minimum 18 months.

- ---
MAP posted-by: Don Beck