TEN FREED IN £14.5m DRUGS BUNGLE

Western Daily Press 05/02/1999

http://www.thisisbristol.com/

TEN men arrested aboard a ship carrying £14.5 million of cannabis walked
free yesterday after a smuggling case against them sensationally
collapsed.

A series of embarrassing legal blunders by Customs investigators means
no jury will hear what the men - including four ex-marines - were doing
on a ship laden with four tonnes of cannabis in international waters.

A team of elite Special Boat Squadron commandos, backed by three British
warships, had swarmed on to the Maltese-registered freighter Simon de
Danser off Portugal in May 1997 in what was one of the largest
operations of its kind conducted by British Customs.

But last night the men behind the swoop were blamed by a judge for
"flawed proceedings, illegality and incompetence".

Judge John Foley threw out the case after three weeks of legal argument
at Bristol Crown court after ruling that:

Customs and Excise officers backed the wrong hunch by assuming the boat
was en-route to England when it could have been heading for Holland.

Customs officials failed to seek permission from the right people before
sending in the Special Boat Squad officers to make the arrests.

Last night, the defendants' lawyer Kevin Robinson, said he would apply
to the High Court to have his clients' assets released by the
authorities.

Judge John Foley criticised the Customs and Excise handling of the case
before formally discharging the ten men from the dock. As the
multi-million- pound case collapsed in ruins, Judge Foley said the
operation revealed "a catalogue of flawed proceedings, illegality and
incompetence at a number of levels".

Three weeks of legal arguments at Bristol amid tight security - a convoy
of armed officers had given five of the accused an escort from jail each
day, bringing the city's traffic to a standstill each morning - had cost
an estimated £1.5 million.

But beyond that, the Customs operation had run since 1996 and involved a
select band of officers shadowing the alleged smugglers over two
continents.

Customs claimed that the ship, the Simon de Danser, was headed for the
North-east of England where it would land the drugs.

But defence barristers argued that by raiding the boat in international
waters, it could not be proved where it was heading and this was akin to
"arresting a shop lifter before he got to a check-out".

Judge Foley yesterday said that David Raynes, assistant chief
investigation officer of the South West Customs and Excise, said the UK
destination was based on a hunch - on which he said he would "bet his
pension" - rather than hard evidence.

In a damning ruling the judge added: "This case has revealed a culture
and climate of carelessness, recklessness and disregard for the rules,
procedures and convention of Maltese law, British law and international
law."

One of the accused, former Royal Marine Peter Mercer, from Clevedon,
North Somerset, told how the case had devastated his life.

He said: "My parents have been devastated. It has been a terrible two
years. I am going to try to get on with my life as best I can."

The men were arrested in May 1997 when the SBS team raided the Maltese-
registered Simon de Danser, off the coast of Portugal. The boarding
party found more than four tonnes of cannabis resin with a street value
of about £14.5m.

The crew of seven aboard, including two serving Royal Marines and two
former members of the regiment, were arrested. Three others were
detained in a series of 23 raids across Britain.

The ship had been shadowed by Royal Navy destroyer HMS York as part of a
surveillance operation by Customs and Excise and what was then called
the South West regional crime squad.

All the accused were said to have conspired to smuggle cannabis resin
from Morocco into Britain. Along with Peter Mercer, 28, of Staples
Close, Clevedon, the others accused were David Charrington, 45, of
Powderham, Exeter; Timothy Spink, 33, of Torquay; skipper Charles
Thomas, 37, of Poole, Dorset; Nigel Spencer, 28, of Poole; Mark Jones,
33, of Paignton, Devon.

Also accused were Britons Anthony Dallara, 34, and Martin Wallsden, 42,
and Frenchman Alain Coelier, 38, who all live in Spain. Another 37-year-
old defendant could not be named for legal reasons.

Spencer and Jones were serving in the Marines when they were arrested.
Spencer left two months after being detained and Jones was medically
discharged in October last year. Mercer and Thomas had left the service
before they were arrested.

After the case the Royal Marines Commandant, Major General Robert Fulton
said: "We were very disappointed to hear that in May 1997 two serving
Marines had been arrested and this disappointment was greatly magnified
by the nature of the alleged offences."

The court heard that Customs did not obtain the correct permission to
board the drugs vessel from the Maltese authorities.

Instead of getting permission from the country's Attorney General,
Customs officers were granted permission from the Maltese Maritime
Authority. One Customs officer, Lawrence Montalto, insisted he had
telephoned the Maltese Attorney General's office, but records showed
there no such call was made.

During legal argument, Alun Jenkins QC, prosecuting, argued this had
been an "innocent" mistake and should not make seizure unlawful.

Mr David Raynes, assistant chief investigation officer of the Customs in
the West Country, admitted in court he did not tell the Maltese that the
ship was off Portugal. He also said he would not have told them if they
had asked.  

--

Mark W. Lewis, Bristol (UK)

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