'Mr Asia' trial Dismissal bid imminent

Press, 10 April 1981, Page 5

'Mr Asia' trial Dismissal bid imminent

NZPA London The Judge in the longrunning “Mr Asia” trial is expected to be asked today to dismiss the. charges against at least two of the nine defendants in the dock at Lancaster Castle. With the prosecution case now effectively over after 64 sitting days, defence lawyers for a New Zealander, Karen Soich. aged 25. and a former Scots Guard sergeant. Kingsley Fagan, aged 27, are expected to submit that the Crown has failed to establish a case for their clients to answer. They will ask Mrs Justice Heilbron to dismiss the charges of conspiring to imgirt and supply narcotics in ritain, which they face, along with the others in dock. The submissions will be made in the absence of the jury and similar attempts to overthrow the charges could be made by Sylvester Pidgeon, aged 41. and Christopher Blackman, aged 37, who like Fagan and Soich, have denied both the drugs charges. Once Her Honour has ruled on the submissions the long-awaited defence is likely to start in earnest. The alleged boss of the international drug syndicate, Alexander Sinclair (formerly Terry Clark), aged 36, a New Zealander, heads the list of defendants, and thus will open his defence first. Over the past three months, he has been accused by the Crown of holding life-and-death sway over the syndicate, of at least sanctioning the brutal murder in October, 1979, of his former friend and partner, Martin Johnstone, an Aucklander, and of planning and controlling the detailed operations •of the syndicate. Sinclair has denied murdering Johnstone and conspiring to import drugs into the United Kingdom, but has admitted the third count on the indictment — conspiring to supply drugs in Britain. Taking the witness stlhnd is not mandatory for defend-

ants under Eng’ush law. They can say nothing at all in their defence or they can make a statement from the dock on which they cannot be cross-examined. ’ But Sinclair is expected to take the witness stand on Monday, probably starting what could be several days of testimony followed by intense cross-examination by the prosecution. His lawyers have asked the New Zealand AttorneyGeneral (Mr McLay) and his Australian counterpart (Senator Peter Durack) to grant immunity from prosecution to three witnesses. The defence has sought. a reply from the Attorneys— General b.v today. The Nevi- Zealand and Australian Governments have already granted limited immunity “in the interests of justice” to Angelique Muhari — a New Zealand woman who* is the sister of Sinclair's de facto wife. Maria Muhari, and has been implicated in the syndicate by the testimony'of other witnesses. But as Sinclair's lawyers finalised his defence yesterday. as the Court spent the whole day adjourned, it was still unclear whether the limited form of immunity allowed Miss Muhari would be sufficient to encou'rage her to actually travel to Lancaster to testify on Sinclair's behalf. Although they have received the limited immunity, Sinclair's lawyers are believed to have failed so far to extract a categorical assurance from Miss Muhari that she will testify. After being proved wrong so often, defence and prosecution. lawyers here have now virtually given up trying to predict how long the trial will last. But the general consensus is now that it should end some time in May — probably towards th© end of the month. When it started at th© beginning of January, th© most pessimistic estimates. were that it should be oven ; by Easter “at the very outside” and most expectedlt to be completed in early March.