Detective
Sergeant Stephen McIntyre, of the drug squad, told Melbourne Magistrates Court
that 100 grams of pseudo-ephedrine, found in Sloan's freezer, and about 90 grams
of ecstasy tablets were seized during the raid on his home.
A small quantity of
cannabis was also found.
Police claimed that they had found drugs in a freezer
and in an urn while they raided the kitchen of Sloan's house.
Sloan
maintained
from that day that he had been set up on the possession and trafficking charges
and that evidence had been planted while he was in the custody of Stephen
Paton.
Paton was a member of unit two of the drug
squad, the group assigned to investigate amphetamine syndicates.
While the rest of the squad struggled to deal
with heroin rings, unit two managed to arrest many of its top targets.
Their secret to success was a tactic known as
controlled chemical deliveries.
In short, the unit bought chemicals that could be
used to make amphetamines then, using a network of informers, sold them to
suspects to try to follow the trail to the labs and manufacturers.
The drug squad bought so much of the anti-cold
medication Sudafed, a drug that can be used in amphetamine production, it became
the manufacturer's biggest national client, and was eligible for discounts.
According to Paton the system was out of control.
"It was not used as the last resort. It was
used as the first and only resort."
Ombudsman Dr Perry estimated the amount of chemicals lost
at 40 per cent to 80 per cent.
Paton says it was more like 90 per cent.
Between May and
December 2000, Paton
allegedly made at least 14 unauthorised purchases from three companies under the
guise of police investigation work.
A court later heard
that Paton
lied to a company where he was buying pure pseudoephedrine, the active
ingredient in speed, saying it was an operation involving the National Crime
Authority.
In another allegedly
unauthorised purchase, Paton and another drug squad detective facing unrelated drug trafficking charges,
Malcolm
Rosenes, allegedly duped a Mitcham chemical company into selling them
illicit chemicals.
On March 31,
2001, Stephen Paton resigned from the police force.
In later court
hearings, Paton's legal representatives said that he'd left to join Queensland
Police.
In May 2001, Robert Sloan
appeared in court and pleaded not guilty on charges of trafficking and
possessing pseudoephedrine and methylamphetamine.
He pleaded guilty to other minor
drug charges.
Stephen Paton's evidence had been
critical in the case and Sloan was convicted and jailed receiving a maximum
sentence of four years and four months.
On July 31, 2001, Paton was
arrested for trafficking and possessing a commercial quantity of drugs.
A court was later told that in 1999 and 2000 Paton was the drug squad's liaison officer for chemical companies, which
supplied the squad for legitimate stings.
The court heard Mr Paton bought more than 500,000
Sudafed tablets, as well as quantities of other chemicals used to make
amphetamines and once told the chemical company not to put it on the drug
squad's usual account because the drugs were for an investigation into corrupt
police officers.
The value of the drugs, none of which have been
recovered, was estimated in court to be worth in excess of $1.2 million on the
black market.
He was remanded to the highest
security wing of the Port Phillip Prison, locked away with some of the worst
prisoners in the system.
Three days into his stint in maximum security,
inmates began to yell out his wife's name and his unlisted home number.
Paton was granted
bail on August 10, 2001.
His solicitor Joe
Gullaci, told the Magistrates' Court that his clients life had been
threatened after he was remanded into custody the previous week.
"After twenty
years in the police force there are a lot of people in jail who would like to
get their hands on him", Gullaci
said.
At Paton's hearing,
the court heard that two detectives bought chemicals used in illegal drug
manufacturing on the pretext they were investigating corrupt police.
It was alleged that
Paton abused his position in the drug squad to buy chemicals worth millions of
dollars on the black market, none of which has been recovered.
The court heard
that Paton could have easily used his expertise gained in the squad to produce
and distribute huge quantities of amphetamines.
A Police Corruption
detective accused Paton of illegally buying more than 500,000 Sudafed tablets
and copious amounts of other chemicals while he was the liaison officer between
the drug squad and chemical companies.
On August 31,
2001, Bandido's motorcycle Club National Secretary, Robert Sloan successfully
appealed to the states highest court after
Paton and Malcolm
Rosenes were arrested.
Sloan
was freed from
jail when the Court of Appeals took the rare step of releasing a prisoner whose
convictions for serious drug offences were based on the evidence of a drug squad
officer recently charged of similar crimes.
The evidence of Paton
and other arresting drug squad officers was seriously queried by the Court of
Appeal.
Sloan's barrister,
Len Harnett, said if he and the rest of Sloan's legal team had known that Paton
was then under investigation for serious criminal conduct, he would have used
that to attack the credibility of Paton, a very important witness.
The Crown reversed
its decision to oppose Sloan's bail.
Sloan
was bailed
on $5000 surety and other conditions to appear at a later date for an application for
lave to appeal against his conviction and sentence.
During the bail
hearing for Malcolm Rosenes
the previous day, it was claimed that Sloan had threatened that he'd taken out a
jail house contract on the life of Rosenes.
The former drugs
squad detective said that he was told by Sloan that he was going to kill him,
"I don't care where or when", Sloan was alleged to have said.
These claims were
dismissed by the bikie as being "incredulous and pathetic."
"Rosenes
had nothing to do with my case, I don't know the man, it's an absolute
lie" Sloan also said.
Paton appeared at
the County Court hearing for Andrew
Fraser in early October 2001.
He said that the
claim he and Malcolm Rosenes
had planted 5.5kg of cocaine was a blatant lie.
This was in response
to barrister George Trakzyk's accusation that his client, Werner Roberts, had
been blackmailed into smuggling cocaine into Australia and then supplying them
to barrister Andrew
Fraser who was later arrested.
Later, Stephen Paton
who was second in charge behind Rosenes,
told the court he was disappointed when Trakzyk informed him of his clients
defence.
"It sounds like a fairly desperate ploy by someone who is saying
everything they can to keep out of jail," Paton told the court.
Mr Trakczyk accused
Paton of giving Mr Roberts eight African cocaine filled wall plaques after he
arrived back in Australia.
"That is a
blatant lie," Mr Paton told the court.
Roberts' defence
alleged that during an overnight stay in Sydney before Mr Roberts drove back to
Melbourne, Mr Paton, in a pre-arranged meeting, left his own motel nearby and
put the plaques in the boot of Mr Roberts hire car.
Mr Paton denied the
allegation and said he slept all night in a room with fellow drug squad officer
Det Sen Sgt Wayne Strawhorn at a local pub.
The plaques
containing the cocaine were seized when Mr Roberts returned to his St Kilda flat
the following night.
It was later
revealed that Paton and Rosenes gave their evidence to a jury who were unaware the pair were on bail after
having each been charged with unrelated drug offences.
In evidence before
the trial started, Bill Stuart for Ubanec, said police ethical standards
department summaries against Paton and Rosenes
proved they were guilty of high level corruption.
However Judge Hart
refused to allow the pair to be questioned about the charges they faced after
they both indicated in the absence of the jury they would not answer questions
on the grounds they might incriminate themselves.
On April 9, 2002, it was reported in the
Herald Sun that Sloan
planned to sue police as the office of the Director of
Public Prosecutions indicated in the County Court in Geelong it would not be
pursuing Mr Sloan's case.
After an application the previous December by
Sloan's
solicitor Michael Coghlan, the DPP announced a nolle prosequi - the permanent
discontinuation of the charges - in that matter.
In a letter to the DPP, Mr Coghlan argued that
"complications could arise if the Crown sought to call Mr Paton in Mr
Sloan's re-trial.
As
Sloan
was being told he was a free man, Paton faced Melbourne
Magistrates' Court, where he waived his right to a preliminary hearing and
reserved his plea on his own charges.
In doing so, Paton opted not to test
immediately the allegations.
Mr Paton was bailed on a $100,000 surety to
appear in the County Court where he was to face four charges of trafficking and
possessing commercial quantities of amphetamines.
Mr
Sloan
told the Herald Sun he was very
relieved but also a little disappointed with the DPP's decision.
"I thought they might say sorry," said
the father-of-three. "I always said I was set up and now I have been
vindicated."
Asked why he thought police would plant drugs on
him, he replied: "Probably because I am in a motorcycle gang."
Sloan
told The Age that he was pleased the
matter was over. "It's been a long haul," he said. "It was
obvious that someone put the drugs there but it certainly wasn't me.
Sloan
said he would take civil action against
the Victoria Police.
On April 29, 2002 it was
revealed in the Age that several cases involving Malcolm Rosenes and Stephen
Paton would be reviewed.
A special police taskforce
re-opened up to 12 drug squad cases after allegations that evidence had been
fabricated and that some convictions could be unlawful.
Cases being checked included
long-running prosecutions against suspects accused of trafficking large
quantities of amphetamines, cocaine, ecstasy and hashish.
The re-investigation included
some investigations where suspects have been found guilty in jury trials.
All cases involving the two men
are now being re-examined by the Ethical Standards Dept. task force to check if
evidence they gathered was legitimate and can be corroborated.
All pending cases where the two detectives were
key witnesses are being checked by a taskforce, codenamed Ceja.
On June 26, 2002, the Herald
Sun reported that corruption claims against the former Victoria Police drug
squad may lead to the release Tony Mokbel,
a wealthy businessman arrested on massive drug importation charges in August
2001.
Rosenes and
Paton were controlling the police
informer who secretly taped Mokbel during alleged drug deals.
Prosecutor Bill
Morgan-Payler, QC, applied for the Mokbel case to be adjourned.
He told Melbourne Magistrates'
Court the Director of Public Prosecutions, Paul Coghlan, QC, had reached a
decision the previous Friday that it was inappropriate to proceed with the Mokbel
case while other police investigations that may affect it were continuing.
Mokbel's
committal was due to start on July 15.
His counsel, Nicola Gobbo, said
she would be opposing the adjournment application and seeking bail for Mokbel.
Magistrate Phillip Goldberg said
he would hear the adjournment and bail applications the following day.
On June 27, 2002, a
hearing of charges against Mokbel
was adjourned over the corruption claims.
Chief Crown prosecutor Bill Morgan-Payler, QC,
applied for an adjournment of the preliminary hearing charges against Mokbel
who was accused of heading a $2billion dollar drug syndicate.
Mr Morgan-Payler told the Melbourne
Magistrates' Court that other police investigations were under way that might
affect Mokbel's
case.
Mr Phillip Goldberg agreed to adjourn the
preliminary hearing for Mr Mokbel
and four co-defendants from July 15 until November 25.
The Herald Sun later reported that police bugs captured
Mokbel
claiming he was "in sweet" with Stephen Paton.
Mokbel
was also heard saying that he had paid $200,000 to police to help him with court cases.
ESD investigators were also
probing corruption allegations made by alleged drug dealer David Steven
McCulloch against three other former drug squad detectives.
Det-Insp Paul De Santo, of ESD's
corruption investigation division, said in court in March 2002, that one of the
accused officers, a detective-sergeant who McCulloch alleges fabricated
evidence, had requested an immediate investigation because of possible impact on
the Mokbel
case.
McCulloch, 52, was freed on bail
in May 2002 pending the outcome of the ESD investigation.
Police Association secretary Paul
Mullett said those charged with offences serious enough for them to be in
custody should not be given special treatment as a result of the ESD
investigation.
"They should be treated as
separate issues," he said.
"It would be in the
community's interest to not have these people on bail with the prospect of them
offending again.
"Or, even worse, that they
could flee justice and we could be in a position where our members are
ultimately having to put more resources into locating them, possibly even
overseas."