Judge criticises counsel for delay

Press, 1 March 1984, Page 4

Judge criticises counsel for delay

Former counsel for a man on two charges of supplying cocaine to an undercover constable was criticised by Mr Justice Holland in the High Court yesterday for the delay in notifying the Court that his client wished to plead guilty. David John Spencer, aged 27, a painter and paperhanger, was committed for trial in the High Court six months ago but the trial was not set down until last week because counsel was not available.

It was only then that the Court was informed that Spencer wanted to plead guilty. By that time he had already served two months of a seven months term of periodic detention on four charges of supplying cannabis to the same undercover constable, which he had admitted.

When Spencer appeared for sentence yesterday he was represented by Mr E. Bedo, and his Honour emphasised that his remarks about the delay did not

refer to Mr Bedo as Spencer had previously been represented by other counsel. Spencer was jailed for six months. Mr A. M. Mclntosh appeared for the Crown. Evidence was given at the taking of depositions that on the evening of April 14, 1983, the undercover constable was at Forresters Tavern when he was told by Spencer that he could get him cocaine, a class B drug for $BO a pack.

Next day Spencer went to the constable’s address and sold him two packs for $l6O. A similar transaction took place on April 29. Mr E. Bedo, for Spencer, said that the question had to be asked whether this man would have sold cocaine were it not for the operation of the undercover policeman.

Mr Justice Holland said that on the evidence before him he found that a surprising submission to make. The evidence showed that if someone asked Spencer to get him cocaine he would

have supplied it. It had not been shown, Mr Bedo said, that Spencer would have supplied anyone willy-nilly. It had been sold to a friend whom he had previously supplied with cannabis.

The quantity was small — 8.65 milligrams. The cannabis charges on which Spencer was sentenced to periodic detention last December were part and parcel of the transactions with one person. Since the offences Spencer had made a substantial effort to rehabilitate himself. He had paid substantial fines, settled down with a woman and had a job, Mr Bedo said. His Honour said that he had a great deal of sympathy for the position in which Spencer found himself. He had not been well served by the community nor by his father in his youth, but he was now 27 and he had to realise that he was the author of his own actions. “My sympathy has not

been assisted by the submissions made by your counsel on your instructions that the Court could not infer that these offences would not have happened but for the undercover operation of the policeman,” his Honour said. “It is beyond credulity to ask me to accept that this arose solely because of the actions of the policeman. The evidence is that after having supplied the undercover policeman with cannabis on four occasions you volunteered to get cocaine and did so.” That made it clear in his view that Spencer was willing and able to supply and sell cocaine to anyone who asked for it.

Spencer was serving seven months periodic detention on four charges of selling cannabis and he agreed with counsel that the , two charges of supplying cocaine to the same undercover constable were part of the same series of transactions.

“It is unfortunate that you were committed for trial in

this Court six months ago. Because your counsel was apparently not available, a fixture was not made for the hearing of your trial until last week,” his Honour said.

“It then appeared that you wished to plead guilty and I am sorry for you that that was not conveyed to the Court earlier. I do not blame you in that regard and I accept what you told the registrar that your wish to plead guilty had been indicated some months ago.”

If that was so it was unfortunate that Spencer’s counsel did not inform the Court. His Honour emphasised that he was not referring to Mr Bedo as Spencer had previously been represented by different counsel. Had the Court been informed of the guilty pleas, Spencer could then have been dealt with on all charges together. He would look at the matter if he was to be sentenced on all charges together.