‘Mr Asia’ drug associate to stand trial

Press, 28 December 1985, Page 23

‘Mr Asia’ drug associate to stand trial

NZPA-AAP Sydney A “Mr Asia” drug syndicate associate, “Diamond Jim” Shepherd, will go on trial in the New South Wales Supreme Court in February, with an alleged co-conspirator. The weight of the Crown case against Shepherd, its history, and fear for the safety of many indemnified witnesses were strong reasons for the trial to proceed by ex-officio indictment, said Mr Justice Lusher in Sydney.

r His Honour dismissed the application of Shepherd, bom in New Zealand, for a stay of proceedings lodged on grounds that he had not had the benefit of committal proceedings. Shepherd, aged 42, faces four charges arising out of the “Mr Asia” drug ring which relate to heroin importation into Australia between 1976 and 1979. He was extradited from San Francisco in July and ordered by ex-officio indictment to stand trial with the alleged co-conspirator, Cheng Kui Choo, a Singapore national who was committed for trial after a Sydney hearing in October, 1984. His Honour said that there were “justly held fears” for the safety of large numbers of independent, indemnified, and accomplice witnesses in light of a past history of extreme violence associated with the case.

“In these circumstances, it is not to be forgotten that

indemnified, associate, or accomplice witnesses subject to fear such as this, may find their memory overpowered or blunted in their commitment to testify.

“Some of these witnesses have already been subject to giving evidence on a number of occasions.”

In one case, a witness had already been cross-ex-amined eight times, he said.

“It is often only through such witnesses that conspiracy such as alleged here can be prevented, and the consequences benefit the furnishing of information which may lead to prosecution.”

He said that many witnesses lived in other countries and in the event of committal proceedings would have to make two visits to Australia. “There would be serious and enormous logistic problems.”

“The weight of the Crown case and the history and background, all provide strong reason why the Court should not interfere with the Crown’s entitlement to proceed by ex-officio indictment.”

He found no evidence why this course would deprive Shepherd of a fair and just In a broad outline of the Crown case, Mr Justice Lusher said it was alleged that Choo, Shepherd, Terrence Clark, ana other New Zealanders were actively engaged in large-scale importation of heroin into Australia.

In 1978, Shepherd had come to Australia and taken over the Sydney control of the organisation when Clark returned to New Zealand to face another drug charge. It is alleged that in this capacity, Shepherd paid retainers to trusted members of the group, to be used for airfares for couriers forwarding amounts of heroin to Australia.

It is also alleged that Shepherd supplied large amounts of heroin in Sydney for the syndicate. His Honour said that officers had interviewed and taken statements from a number of people in New Zealand, Australia and Britain, and indemnified witnesses who had implicated Choo, Shepherd, and Robert Trimbole as key figures of the drug syndicate.

“The prosecution intends to call some witnesses to give evidence against Shepherd, Choo, and also Trimbole, if he is located and extradited to Australia. “He is aware of the material before me and charges against him. He is also aware of the witnesses who implicated him and those expected to give evidence against Choo and Shepherd.

“I found the risk to the Crown witness to be real and serious,” he said. His Honour dismissed the application and ordered the trial of Choo and Shepherd to proceed on February 24,