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Boris Beljajev
Beljajev is pictured left in
2007. He is hugging lawyer Robert Richter, QC, after being acquitted on a 2005 murder
charge.
December 1987: Operation Ashcan
begins, targeting Boris Beljajev and associates for suspected heroin
trafficking.
September 19, 1988: Belalev's associate
Alex Ristic
arrested.
February 15, 1989: Ristic gets
discounted sentence of four years, with a minimum of two years and three months.
Ristic was believed to be a suspect in a
series of society burglaries in the Toorak area during the 1980s.
February 17, 1989: Boris Beljajev
arrested. Jack Hills arrested for importing 4kg of cocaine.
Hills "rolled over'' a month
after he was arrested and told police he would give evidence for the
prosecution.
February 22, 1989: Leslaw Kunz
arrested.
May 8, 1989: Larry Lambert
arrested.
May 24, 1989: Jack Hills pleads
guilty in the County Court to one count of conspiracy to import cocaine. Gets
discounted sentenced of 4
years with a minimum of two, rather than 11 years.
May 25, 1989: Hills given
indemnity.
Hills served only
three months in prison before Governor-General Bill Hayden agreed to sign an
order releasing him into the custody of the AFP witness protection unit.
Sean Grant,
barrister for one of Mr Beljajev's
co-accused, Larry Lambert, later attacked the generosity of Hills' deal with the
prosecution.
Taxpayers, he said,
had paid for not only the star Crown witness's accommodation but top private
cover membership in a health fund, prescription drugs, new glasses and hearing
aid, telephone expenses of $100 a week, airline tickets when required, hire car
fees, driver's licence and passport renewal.
Mr Grant put it to
Hills that he was paid $700 a week tax-free while giving evidence.
He estimated that even while on "subsistence pay'' of $250 a week while not
giving evidence, Hills' package was worth $56,000 a year, tax-free.
Hills agreed he
would get a cash payment to help his resettlement after legal proceedings
finally ended.
The Herald Sun said
the AFP and Victoria Police jointly allocated almost $1.5 million for the
witness's resettlement.
According to the man
closest to him during the Beljajev trial, Jack Hills, the star Crown witness
against Beljajev,
was "a crook, a cheat and a lot of other things you wouldn't want your
friends to be''.
But Bill Laing, the
policeman who ran Operation Ashcan, said drug dealer Jack Hills was also a man
of his word.
Hills spent a total
of nearly a year in the witness box at the committal hearing and three trials
during the Beljajev
saga.
Hills, who speaks
five languages, has been separated from the rest of his family since they went
into the protection scheme.
His children have
completed university studies under their new identities.
Hills is now
divorced from his wife, who gave much briefer evidence for the prosecution, and
is still under witness protection.
Mr Laing said he had
been in constant contact with Hills.
"There wouldn't
be two days I haven't spoken to him in all the years since he rolled over,'' he
said.
"I've never
lost sight of the fact that he was a crook, but his wife and two kids are
innocent. It's been hard for all of them.
"He hasn't been
in jail, but he's lived under a real threat.
"His name has
changed regularly, and he hasn't been able to go out and earn a living because
he's had to be available for court over such a long period.''
May 1989: Hills
pleaded guilty to one count of conspiracy to import cocaine and was sentenced to
four years' jail, with a minimum of two, in consideration of the assistance he
was giving investigators.
County Court Judge
Graeme Crossley said when sentencing Hills that he would have got 11 years if he
hadn't co-operated with police.
Hills was taken back
to a maximum security cell at Pentridge, but soon afterward was released into
the custody of the Australian Federal Police witness protection scheme.
Events after his
defection confirmed that he needed protection.
May 29, 1989: Committal
proceedings against Beljajev and Kunz begin.
June 22, 1989: Committal
adjourned.
August 12, 1989: Hills released
into witness security program.
October 18, 1989: Committal
resumes, including Lambert.
January 1990: The
Hills family home in Caulfield was badly damaged by a fire bomb thrown through
the front door.
Hills' wife received
death threats soon after he "rolled over'' and she was also put in the
witness protection scheme with their two children.
May 14, 1990: Kunz committed for
trial on heroin trafficking charges.
June 29,1990: Lambert directly
presented on heroin charges.
July 13, 1990: All defendants
indicted for trial.
August 30, 1990: Judge Michael
Kelly directs trial to be listed for February 1991.
October 1990 - April 1991: Nine
mention proceedings, applications by accused for separate trials, applications
for severance of cocaine and heroin trials.
April 10, 1991: Beljajev and Kunz
granted bail by Judge Kelly.
April 24, 1991: Bail revoked by
Supreme Court.
September 16, 1991: Beljajev and
Kunz bailed by Judge Kelly.
November 4, 1991: Beljajev pleads
not guilty to cocaine charges.
June 22, 1992: Cocaine trial of
Beljajev begins.
May 10, 1993: Beljajev found not
guilty on three counts of conspiring to import cocaine, hung jury on two other
counts.
August 16, 1993: Heroin charges
consolidated in single count, trial listed for February 16, 1994.
April 21, 1994: Judge directs
formal acquittal of Beljajev on two outstanding cocaine counts.
November 9, 1995: Judge Kelly
disqualified on the grounds of apprehended bias.
April 3, 1996: Heroin trial
listed for mention before Judge Frank Dyett.
June 4, 1997: Jury of 15
empanelled.
November 1997: National Crime
Authority surveillance officers took photograph in trendy Chapel St, South
Yarra. A smartly dressed shopper in its' right was described only as an unknown
male.
The NCA's target was the man in
the middle, Milorad Dapcevic, who was a suspect in a drug investigation called
Operation Rhouris.
Dapcevic was being watched
because he had offered an undercover policeman posing as a drug buyer 4.5kg of
heroin for $950,000.
But when a sharp-eyed detective
saw the surveillance picture and identified Dapcevic's companion as Boris
Beljajev his days of freedom
were numbered.
Mr Beljajev
was on bail at the time, and nearing the end of a commercial heroin-trafficking
trial at the County Court that threatened to send him to jail for a long time.
In the fortnight after the
photograph was taken Dapcevic was seen to have several more meetings with Mr Beljajev,
and others with Asian men who had flown in from Sydney.
An undercover operative later
told a Supreme Court bail hearing that information gleaned from conversations
with Dapcevic convinced him that Mr Beljajev
was linked to the heroin on offer.
Mr Beljajev
said he had nothing to do with the heroin deal and his relationship with
Dapcevic was "purely social''.
But the policeman's evidence also
convinced the judge hearing Mr Beljajev's
first heroin trial that he could be involved with the heroin deal.
The Crown also put to the judge
details of Mr Beljajev's
$4.97 million gambling turnover and $260,320 losses during the previous two
years at Crown casino while he was on bail and on the dole.
On December 1, 1997, Mr Beljajev's
bail was revoked by Judge Frank Dyett and he was sent back to jail.
He had already spent 2 1/2 years
remanded in custody.
Two more judges later agreed --
after the trial jury was deadlocked 11-1 and discharged without verdict -- that
he was an unacceptable risk and
refused appeals to free him on bail.
Judge Michael Higgins, who later
presided over Mr Beljajev's
third trial, found on February 8, 2000 that on the balance of probability
Dapcevic was negotiating a heroin deal on behalf of Mr Beljajev.
He refused to grant bail and Mr Beljajev
was sent back to jail to await his third trial.
By the time the trial ended with
an acquittal, he had spent a total of more than 5 1/2 years remanded
in custody since being charged on February 17, 1989.
Dapcevic, despite being on parole when he was arrested by the NCA as the heroin
deal was done, was given bail by a Sydney court and failed to appear to answer
charges against him.
The third man in the surveillance
photo, Michael La Verde, pleaded guilty in 1998 to taking part in the supply of
heroin and was sentenced to three years' jail with a minimum of 18 months.
January 2, 1998: Jury discharged
after 11-1 deadlock, bail application refused.
October 12, 1998: Kunz granted
bail.
November 4, 1998: First pre-trial
mention for new trial.
July 15, 1999: Jury of 15
empanelled.
July 19, 1999: Third trial
begins.
October 4, 2000: Jury retires.
October 13, 2000: Not guilty
verdict.
Mr Beljajev
and two other men, Leslaw Kunz and Larry Lambert, were acquitted on October 13,
2000 after after a 15-month retrial.
Mr Beljajev
was on remand for 5 1/2 years before he was finally cleared after three trials
of cocaine and heroin charges.
Together
with Sonya Szajntop, they had been charged with trafficking nearly 16kg of pure
heroin between July 1, 1988 and February 17, 1989.
Boris
Beljajev, described as charming by the Sunday Age, was acquitted in October 2000 of commercial drug trafficking charges
laid nearly 12 years earlier.
On April 4,
2001, the last act in the $40 million legal circus played to an audience of one in
the County Court.
Beljajev was the only spectator when his de facto wife finally
walked free of the same charges.
Sonya
Szajntop was discharged from bail after Judge Michael Higgins accepted a notice
of no prosecution entered by the Commonwealth Director of Public Prosecutions.
Ms Szajntop,
45, spent 13 months in custody on remand after she and Mr Beljajev were arrested
by a joint police task force on February 17, 1989.
She was on
bail ever since, while the longest and costliest case in Australian criminal
history meandered through the legal system from the Melbourne Magistrates' Court
to the High Court.
The
estimated total cost to taxpayers for the police investigation, witness
protection, legal aid and court costs was about $40 million.
Judge
Higgins rejected a defence submission that he should direct a formal acquittal
of Ms Szajntop.
He said the
Crown was entitled to announce it would not proceed with the charge against her,
and he did not regard it as an abuse of process.
Judge
Higgins said although the Crown retained the right to reinstate the charge at a
later date, the chances of her being prosecuted were infinitesimal.
It would be
up to a future trial judge to decide whether there had been an abuse of process
if Ms Szajntop was ever presented for trial.
DPP
solicitor Sean O'Sullivan told an earlier hearing the decision to withdraw the
prosecution was based on the delay so far, the likely length of a trial and the
result of Mr Beljajev's last trial.
The charge
was withdrawn despite his contention that the case against Ms Szajntop was
"enormously strong''.
Judge
Higgins said at a pre-trial hearing in December 2000 his assessment of her was
that she "played a not insignificant role in the trafficking of heroin''.
Another
County Court judge, Frank Dyett, said after Mr Beljajev's second trial jury was
discharged without verdict three years ago, that he thought the evidence of
guilt against him was "overwhelming''.
Colourful Melbourne legal identity, Alex
Lewenberg, was not in the dock during the marathon Boris Beljajev trial but
he was accused of being Mr Beljajev's accomplice.
The Crown claimed the city solicitor was the
legal adviser to Mr Beljajev's alleged heroin trafficking business.
Senior prosecutor Brind Woinarski, QC, told the
jury at the opening of the trial in July 1999 that Mr
Lewenberg's
Queen St office was under audio and video surveillance by a joint police task
force in 1988.
An earlier court hearing was told a police
surveillance team followed and photographed Mr
Lewenberg when he was in Queensland with Mr Beljajev
during a police taskforce investigation.
"Like all big businesses, you need a
solicitor,'' Mr Woinarski told the jury. "This business had a solicitor. It
had Mr
Lewenberg.''
Prosecutor Richard Pirrie also claimed Mr
Lewenberg tried to "derail'' committal proceedings against one of Mr Beljajev's
alleged main dealers, Alex Ristic, by planning false defences after Ristic was
arrested in 1988.
Mr Pirrie told the court Mr
Lewenberg was heard on tapes secretly recorded in his city office "talking about
burning Alex Ristic alive if he blabs to the police about Beljajev''.
Ms
Szajntop's barrister, David Ross QC, told a pre-trial hearing in 1997 that her
defence was to have been that Mr Beljajev's involvement in drugs and other
crimes was even greater than was alleged at his trial.
Mr Ross said
Ms Szajntop's defence would be that Mr Beljajev was involved in heroin and
cocaine trafficking, stolen jewellery and guns, but she was innocent.
Mr Ross said at a hearing in February that ``the prosecution's sword of
Damocles'' would be hanging over Ms Szajntop's head until the end of her days
unless she was acquitted by direction.
Mr Ross
argued that Ms Szajntop could never say she was innocent if the notice of no
prosecution was entered.
Hills told the
County Court he was born in Russia, but left as an infant and lived most of his
life in the Middle East and Europe before coming to Australia with $1 million in
the mid-1970s.
Discrediting him as
a liar and a career criminal whose evidence could not be believed was a key
plank in the defence strategy in all three trials.
A dozen different
defence barristers, including some of the most experienced QCs in the land, took
turns at attacking him and trying to convince three juries that he was an
unreliable witness.
The legal tag teams
accused him of international drug trafficking, smuggling and insurance fraud, as
well as chronic and consistent dishonesty.
They quoted
transcripts of his previous evidence at legal proceedings stretching back to
1989 in an effort to expose any inconsistencies in his story.
But Hills, who
repeatedly assured defence counsel and the jury that he was telling the truth
"100 per cent'', stood firm.
Indeed, on the first
day of cross-examination in the last trial he was so aggrieved by a suggestion
that he was lying that he insisted his answer to the previous question was
"200 per cent true''.
Whatever, there was
no dispute at either end of the bar table when the witness later provided his
own character analysis while conceding he had a dubious past.
"I never said I
was an 18-carat gold rabbi,'' Hills said with a wry smile.
That acknowledgment
-- despite years of rabbinical studies as a child -- came just after he
explained the difference between a tip and a bribe.
A bribe, he told the
court, was paid before the event while a tip came later.
On another occasion he denied a defence allegation of theft and when asked how
he described the incident suggested it was merely "a deal favourable to
me''.
The defence focused
repeatedly on another favourable deal Hills did -- the one that put him in the
witness box rather than the dock.
Mr Beljajev's
barrister Nick Papas put it to Hills that he'd done "the deal of the
century'' with police after they caught him red-handed with 4kg of cocaine
smuggled in from South America on February 17, 1989.
"We say he
sucked in the police. We say the police lost judgment because of their
desperation to get Beljajev,''
Mr Papas told the jury.
"They have sold
their souls, effectively, to get Beljajev''
Mr Grant also
revealed that prior to the cocaine trial in 1992, Hills was sent at taxpayers'
expense to a health farm where he played tennis and enjoyed more than his
allotted number of massages.
Hills denied he had
turned informer because his lawyers told him he was facing a sentence of 10 to
15 years' jail for cocaine importation.
"This did not
make me talk to the police,'' he said.
"The time of
serving jail did not worry me. I did not do it because of the jail.''
Hills told the court
he gave evidence because he was very sorry and ashamed.
"Nobody has to give me any carrots to be here,'' he said.
Mr Laing said the
cost of protecting Hills and his family for the past 11 1/2 years had been
unprecedented in his experience.
After last Friday's
verdict he must be wondering whether the $10 million bill was money well spent.
On June 15, 2005 Alex Ritsic was stabbed to death
Boris Beljajev, 54, of Balaclava was alleged to
have killed Alexandra Ristic 52, in Balaclava.
Mr Ristic was found by passers-by in Sycamore
Grove.
It is believed a male aged in his 40’s wearing
a light coloured trench coat approached two males sitting on a brick fence
outside units on the corner of Glen Eira Avenue and Grosvenor Street in
Balaclava.
Detectives believe that these men then had an
argument.
It appears that the two men then left the area in
a four wheel drive vehicle.
Approximately 30 minutes later a man matching the
description of the man in the trench coat was seen leaving the area where Alex
Ristic was killed.
Alex Ristic was seen with a female before the
stabbing.
Det-Sgt Martin Robertson said investigators could
not be certain what Ristic was doing in Sycamore Grove.
He lived in East Bentleigh with his wife and two
children.
He would not rule out that the fatal stabbing
might have been random or was linked to Ristic's criminal background.
"We can't say specifically whether it was
drug-related or something else entirely," he said.
Beljajev was remanded in custody. He was later
acquitted.
On
August 19, 2007, the Sunday Age reported
that after
shooting down the prosecution's case
against his client Boris
Beljajev (the judge agreed Boris had
no case to answer), top gun Robert
"The Red Baron" Richter, QC,
and instructing solicitor Theo Magazis
were plotting their client's next case -
a huge damages suit against the Chief Commissioner
of Police, the DPP and possibly the
state of Victoria as well.
"We
are considering the actions available
for damages for malicious prosecution
and misfeasance in public office,"
says Richter.
He spent
21 months on remand
for the Ritsic murder charge.
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