Three drug cases placed in jeopardy - Sydney Morning Herald
Les Kennedy and Jennifer Cooke
September 20, 2008A MAN who had pleaded guilty to dealing cocaine released onto Sydney streets in a covert "sting" operation that the High Court deemed invalid this month might be able to reverse his plea, a NSW District Court judge has noted.
A part-time Maroubra bookmaker, Robert Pavan, 59, was to have been sentenced last Friday by Judge Peter Berman after admitting to knowingly taking part in the supply of a commercial quantity of cocaine - three kilograms - between February and March 2005.
But Judge Berman adjourned the matter to November 3 to allow Pavan time to consider his legal position after controversy following the High Court ruling that the NSW Crime Commission had no valid authority to release the illegal drug to potential buyers.
The judge noted the effect of the decision may be that all of the evidence relating to three cocaine transactions to which Pavan had pleaded guilty "could be excluded if he changed his plea to not guilty and it was to proceed to a trial".
It is believed the same may apply to at least another two men - one of whom is still to stand trial and another who is appealing his conviction and 12-year sentence.
Their challenges to the validity of the NSW Crime Commission authorities that allowed the sale of the cocaine during the covert Operation Mocha led to the unanimous finding by six High Court judges that the sale of six kilograms of the drug, none of which was recovered, was likely to seriously endanger the health or safety of some users.
The cocaine, seized by the NSW Crime Commission in 2005, was part of a 10-kilogram shipment imported into Australia - aided by corrupt Qantas baggage handlers - by the Michael Hurley crime syndicate that included the former a rugby league player for Balmain and Newtown Les Mara, who is now serving a 20-year sentence for conspiracy.
The head of the NSW Crime Commission, Phillip Bradley, the NSW police commissioner at the time, Ken Moroney, and his successor, Andrew Scipione, authorised the sting operation that was carried out with the aid of an informant, codenamed Tom.
But on September 4, in another embarrassment for the crime commission - already reeling from the arrest and charging of one of its assistant directors, Mark Standen - the High Court ruled invalid the authorities used for the unprecedented commission operation.
Pavan, who has been in custody for more than two years, is facing at least 15 years in jail.
But when his case came before Judge Berman on Friday his solicitor, Gerard Mitchell, asked for an adjournment so Pavan could get further legal advice about the implications of the High Court decision if he chose to "traverse" his original guilty plea.
Mr Mitchell told the court that Pavan, arrested in May 2005, had indicated his intention to plead guilty to the charges against him at the local court stage of the case.
Lawyers told the Herald that if Pavan chose to change his plea to not guilty and his request was granted - effectively excluding evidence about the cocaine from the case - the NSW Director of Public Prosecutions would have to consider whether or not to continue with a prosecution.
