N.Z. man denies to be a political pawn

Press, 14 June 1984, Page 4

N.Z. man denies to be a political pawn

NZPA-AP San Francisco

A New Zealand man accused of being the paymaster of a large Asian heroin ring is resisting extradition to Australia, claiming he is a pawn in an Australian political struggle, according to court records on file here.

“His extradition is sought for purposes of revenge against members of an opposing political party who were involved in heroin trafficking and about whom (he) is believed to have information,” said documents filed with a Federal court... on behalf of a man identified by authorities as James William Shepherd. The defendant’s lawyer, Mr Tony Serra, contends the United States and Australian Governments have not proved the man is Shepherd, who is wanted in Australia on 17 drug charges.

His extradition was ordered by Judge Robert Aguilar in the U.S. District Court last month. He was satisfied the man was Shepherd and that neither the crimes charged nor the

motivation for extradition were political. The prisoner asked Judge Marilyn Patel to free him on June 11. She has set no hearing date yet on his habeas corpus request. He was arrested while jogging on March 23 in San Rafael, north of San Francisco.

Shepherd, a native of New Zealand, is charged with conspiring to import, supply and export heroin into and from Australia and with supplying cash to drug couriers travelling to and from Singapore. Most of the charges date from 1978.

In the Federal court documents, Mr Serra said Shepherd was caught up in a political battle between the Australian Liberal and Labour Parties.

Mr Serra alleged in the court documents, that the Central Intelligence Agency, members of the Australian Parliament and law enforcement personnel were involved in importing heroin from 1975 to 1983, when the conservatives were in power. Labour regained power in 1983 and had started a large-scale inves-

tigation in revenge, he said.

Australian authorities had told Shepherd that they were not interested in him but wanted him to give information about Government officials. Others who had returned for questioning under similar circumstances had died or mysteriously disappeared, Mr Serra said. He told reporters recently that there have been eight deaths or disappearances. A United States judge can deny extradition for political crimes, usually those involving or motivated by politics.

Mr Serra did not contend that Shepherd’s alleged crimes were politically motivated, but said the extradition proceedings “arise out of a political incident ... a political confrontation or war between the Labour Party and the conservative party in which (the prisoner) will be sacrificed.”

He also challenged the Judge’s finding that a photograph identified as that of Shepherd was adequate proof of the prisoner's identity.