Court’s ruling puts undercover police at risk, says M.P.

Press, 6 December 1985, Page 2

Court’s ruling puts undercover police at risk, says M.P.

PA Wellington A High Court ruling requiring the identification of police undercover agents could seriously jeopardise undercover drug operations, said the Opposition spokesman for police, Mr Norman Jones yesterday. Saying “the law is an ass when it protects criminals and drug dealers,” Mr Jones said the ruling could force all police undercover drug work to stop.

“Up to now the courts have always accepted evidence on drug cases given anonymously by undercover police,” Mr Jones said. “The only way our police can get on top of the multimillion dollar drug world in our New Zealand society is to infiltrate specialist, trained undercover police to this world where vicious assault, blackmail, and homicide are prevalent in drug-related crimes.” Mr Jones’ comments came after a trial in Hamilton on Monday in which Mr Justice Gallen discharged a man accused of supplying drugs after the police refused to give the true name of an undercover officer.

Mr Jones said he was dismayed by the ruling and called on the Minister of Police, Mrs Hercus, and the

Minister of Justice, Mr Palmer, to make urgent amendments to the legislation if they were neccessary, to protect undercover police. The Leader of the Opposition, Mr McLay, told his post-caucus press conference that the Opposition would support any amendment to that effect, and would consider bringing in a bill itself to remedy the matter if neccessary. Mrs Hercus had said earlier that police headquarters expected a report from the Hamilton police on the case and she expected a full report would be with her within a week. “Preliminary information suggests consideration should first be given to any possible legal remedy (within present legislation) and if these are not appropriate, then to possible ' changes in the law,” she said.

The former secretary of the Police Association, Dr Bob Moodie, said the undercover programme should be shut down if the Commissioner of Police could not guarantee the anonymity of undercover officers. The decision made by the prosecution in the case not to reveal the undercover police officer’s identity was

the right one, said Dr Moodie. ; “I would hate to see any prosecution counsel endangering lives of officers by allowing their identity to be revealed,” he said. In his nine years as association secretary he had seen the lives and sanity of officers put at risk by undercover work and the pressure that went with such assignments. “It is not a game. It is a matter of life and death here in New Zealand, just as it is overseas, and if the commissioner cannot guarantee the safety and anonymity of those officers, the programme should close down,” he said. :> Dr Moodie said the public were insulated from the real dangers of undercover work and did not know what was involved. “But police officers and their families have to live with it and this decision is going to make it even harder,” he said. The Assistant Commissioner of Police, Mr Stuart McEwen, said there would be no comment from police headquarters until the judgment in the case had been studied. There had been liaison with Hamilton’s head of operations and the implications had been considered.