BAIL APPLICATION
DPP v Cannon
GENERAL INSTRUCTIONS
Ms. Evelyn Cannon has been charged with Supply Prohibited Drug (Cocaine) and with Possess
Prohibited Drug (Cocaine), pursuant to sections 10 and 25 of the Drugs Misuse and Trafficking
Act 1985 (NSW). Her co-accused is Taras Shenko.
Ms Cannon has been in custody for the last two weeks.
A bail application is to be made in the Local Court. In this case it is contested and witnesses are
available for examination and cross examination.
Previously bail has been refused by the police and there is no problem pursuant to s 22A Bail Act.
The Prosecutor will call the informant at the bail hearing.
The Defence has elected to call the Defendant.
Each party is expected to attempt to use all available evidence in their case.
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BAIL APPLICATION
Defendant’s Instructions
DPP v Cannon
You have been instructed to make a bail application in the Local Court on behalf of Ms. Evelyn
Cannon who has been in custody since her arrest two weeks ago.
The committal proceedings will be heard in two months’ time. No analyst certificate is available
as yet. You will proceed by way of ‘paper’ committal and the matter will proceed to trial in the
District Court in due course. You are also instructed to enter a plea of not guilty to the charge of
Supply Prohibited Drug, and to represent Ms Cannon at the future trial of the matter.
You have been served with the portion of the police brief which contains:
• Statement by Senior Constable Paul O'Rourke;
• Statement by Peter Porter;
• Copy plan prepared by O'Rourke;
• Statement by Evelyn Cannon;
• Instructions from Evelyn Cannon;
• Relevant pages of O'Rourke's diary;
Taras Shenko was granted bail four days ago. He failed to report to his local police station the
following day, as was required by the Bail conditions imposed on him, and is believed to have
fled to Moscow.
Ms. Cannon has provided you with these additional instructions:
1. She is 22 years old.
2. When she was 17, Ms. Cannon started using drugs, mostly cocaine. She stayed away from
home for days at a time, until her parents told her to leave and not to come back until she had
stopped using drugs.
3. For the next 5 years, Ms. Cannon lived with friends and sometimes on the street. At one stage,
when she was 18, she shared a house with Taras Shenko and a couple of other people. This
arrangement lasted for about 1 year.
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4. During this time, Ms. Cannon used cocaine and heroin regularly, whilst working casually as
a waitress in various restaurants.
5. Also when she was 18, Ms. Cannon was charged with possession of Cannabis Leaf, as was
Taras Shenko. The police raided their house and Ms. Cannon believes that it was Taras' exgirlfriend, Evangelica Constantinou, who tipped them off because she was jealous.
6. Ms. Cannon was granted bail but did not go to Court on the mention date because Taras
threatened to "belt her up" if she went. He wanted her to run away with him to Queensland.
Ms. Cannon refused to go to Queensland but agreed not to go to Court. Ultimately, the
charges were withdrawn.
7. About a week before her arrest on these charges, Ms. Cannon moved back into her parents’
home and vowed to give up drugs. Four days before she was arrested, her parents secured a
place in a private drug rehabilitation centre close to their home in Kensington. She had been
attending the centre for only three days when she was arrested.
8. If granted bail, Evelyn intends to continue her treatment. The rehabilitation course will take
between six and twelve months and the only way that she and her parents can pay for that
course is if Evelyn works part time as well.
9. She had not seen Taras Shenko from the time she moved out of the house she shared until
about 2 months before she was arrested. At that time, Taras started to hang around the bar
and bought Ms. Cannon a few drinks. She told him that she didn't want anything to do with
him.
Three days ago, Ms. Cannon made a phone call to her sister, Tamsen. She calls her sister Taz
from time to time, particularly when she is sad and is missing her family.
Evelyn's parents are prepared to put their house up as surety. They have $200,000 equity in the
house. Evelyn is prepared to report regularly, not apply for a passport and not have any contact
with Taras Shenko if and when he is located.
Ms Cannon further states:
‘I am a waitress at Luigi’s Bar. Two days before I was arrested I remember leaving the Bar at
about 1.00am just before closing time. I walked North up Kellet Street looking for a taxi. I saw a
taxi pull up opposite the 24-hour video shop. I walked quickly towards it. As I passed the phone
box I noticed a woman near the door of the phone box. There were other people about but I
remember her because she was about my own height and wearing a black coat similar to mine. I
continued past her and got the cab home to Kensington. I did not go into the phone box or leave
any box or key there. I know Taras Shenko. He has been to the bar many times. He has bought
me a few drinks there but I’ve never been out with him. Next day I heard that he had been
arrested.
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I have never been in trouble with the police and I deny that I was in any way involved with drugs
or with Taras Shenko.
At the time, that is November last year, I did have short hair but it was not spiked. I occasionally
used to wear my hair spiked but not since I went to Bali in July last year.
I had some hooped earrings but I swapped them for a Balinese painting when I was there last
year. I have not replaced them.
I own a large shoulder bag but it is not tapestry. It is leather. I have reading glasses and many
pairs of sunglasses but wouldn’t have been wearing either in the street at night.
I remember noticing the other woman because I had just purchased my black coat and hers
looked so similar to mine. I do not remember much more about her.
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BAIL APPLICATION
Prosecutors Instructions
DPP v Cannon
You are a Crown Prosecutor and, despite the discussions with Counsel for the Defendant Ms
Cannon, you are instructed to oppose the bail application being made on her behalf.
Ms. Cannon has been charged with Supply Prohibited Drug (Cocaine) and Possess Prohibited
Drug (Cocaine) pursuant to sections 10 and 25 of the Drugs Misuse and Trafficking Act 1985
(NSW). Her co-accused is Taras Shenko. Taras Shenko made an application for bail 4 days ago
and he was granted bail. He failed to report to his local police station the following day, as his
bail conditions required him to do, and it is believed he has fled to Moscow.
A brief has been served in anticipation of the committal proceedings to be heard in two months’
time. The brief contains the following documents:• Statement by Senior Constable Paul O'Rourke;
• Statement by Peter Porter;
• Relevant pages of O'Rourke's diary; and
• Copy plan prepared by O'Rourke
The committal will proceed as a ‘paper’ committal and the matter will proceed to trial in the
District Court in due course. You are briefed to appear for the Prosecution at the trial.
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Informant's additional statement
(a copy of which has been provided to the Defence)
In addition to his statement and diary notes, O'Rourke has instructed you of the following
matters:
1
When he searched the defendant Cannon, he located the following items: • A fake Russian passport for a woman called Evie Tansk. The photograph of the
woman in the passport looks almost identical to Evelyn Cannon; and
• A letter addressed to "Evie" from Taras Shenko in which he said:
"Evie,
If I have to leave, you know what to do. Take care of the next delivery and it will
all be worth it. The spare passport is where we discussed it would be. Soon, we’ll
be dancing together in the streets of Moscow. You will finally be able to ditch
your middle class parents forever.
Love you heaps, Tazza"
2
At the time the Informant made his statement, he had been awake for more than 48 hours.
He instructs that his failure to include the information about the passport and the letter in
his statement was simply an oversight due to fatigue.
Evelyn Cannon failed to appear 4 years ago. She was on bail in relation to a charge of possession
of marijuana.
A prison officer told him that she overheard Ms. Cannon on the phone 3 days ago to someone
who she, at one point referred to as Taz. Ms. Cannon finished the conversation with "Love you
heaps" and hung up. The prison officer has gone on an African safari for three weeks and is not
able to be contacted.
Every attempt is being made to locate Taras Shenko and enquiries have been initiated with the
Russian Police. Russia has an extradition treaty with Australia.
Enquiries reveal that if no delay is caused by the extradition process, the joint trial could be
heard in approximately twelve months’ time.
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Statement of Senior Constable Paul O’Rourke
Date: 16 November.
I am a Senior Constable of the NSW Police in the Drug Law Enforcement Agency.
On 12 November, I attended a briefing of police involved in Operation Sniffer, which was
directed at the supply of prohibited drugs, especially cocaine. As part of the briefing I was shown
photographs of two suspects, Taras Shenko and Evelyn Cannon.
Later that evening I attended Luigi’s Bar in Kellet St., Kings Cross. I recognized the waitress as
Evelyn Cannon from the photographs I had earlier been shown.
At approximately 1.00am on 13 September I was in Kellett Street, Kings Cross on surveillance
duty, as part of Operation Sniffer.
I parked my unmarked vehicle opposite Luigi’s Bar in Kellett Street. I alighted, walked north
and took up a position opposite the telephone box which was on the other side of the street.
The traffic was medium and there were a few people moving about on the footpath.
I saw the defendant Evelyn Cannon come out of Luigi’s Bar. I had a good clear view of her and
noticed that she was wearing a black overcoat, black stockings and ankle boots. She was about
170cms tall, of medium build and had short, blond-tipped hair.
She walked north along the footpath. She then entered the phone box and closed the door. She
looked around furtively, reached into her bag and withdrew a small silver box and placed it
underneath the phone stand. She then rummaged around in her large tapestry bag and left the
phone box.
She crossed Kellett Street diagonally to where my car was and then walked south down Kellett
Street. I lost sight of her. As she was crossing the road I noticed that her hair was spiked on top,
she wore large hooped earrings and red framed glasses.
I continued my surveillance and at 1.10am saw a black Jaguar TS 0173 stop beside the telephone
box.
A person I recognized from the photographs as Taras Shenko alighted from the Jaguar, went into
the telephone box and appeared to remove the silver magnetic box. I arrested him and removed
the box from the lining of his overcoat. In it was a Central Station Locker key, No. 007.
I cautioned Shenko and said: “We’ve got you this time Taras.” He replied, “You may have got
me but you’ll never prove it. You missed Evie and she has the key to it all. If you ever find her
she will give you an alibi you will never bust.” I tape recorded this conversation.
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I subsequently recovered a parcel from locker No 007. It contained a powdered substance which
upon analysis proved to be 100g of cocaine.
On the evening of 15 November I went to Kellett Street and prepared the sketch plan of the area.
(Produced).
I later ascertained from Luigi, the proprietor of Luigi’s Bar, that Evelyn Cannon lived at 13
Black Street, Kensington.
I had also interviewed Peter Porter who identified the photograph as being of a woman like the
woman who hired a locker No 007.
On 16 November I went to 13 Black Street, Kew where I spoke to Evelyn Cannon. She was
taken to police headquarters where an interview was conducted and allegations put. She made no
comment.
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Extracts From Pages Of O’Rourke’s Diary
10/11 Informer (Code “Deep Throat”) makes contact. Says cocaine deal is being made. Coke
will be left in locker at Central Station. Key to locker will be concealed in telephone box
near Luigi’s in Kellett Street in early hours of the morning in four days’ time.
13/11 11.00 pm Park unmarked car in Kellett Street on western side of the road opposite Luigi’s
Bar. Surveillance position – opposite telephone box.
14/11 1.00 am Woman approaches phone box, enters, places container under phone stand, exits,
crosses the road and walks away.
Description: about 179 cms tall, medium build, wearing black coat.
1.10am Jag TS 0173 pulls up beside phone box. Male (Taras Shenko) enters phone box,
arrested. Find container in lining of coat with locker key 007.
15/11 Attend offices of AFP. Access Shenko on computer. Evelyn Cannon listed as known
female associate. Shenko suspect in large scale cocaine importing but never before
arrested.
Take statement from Porter. Porter identifies Cannon from photo array as the person who
rented locker 007
Attend scene. Identify Cannon at Luigi’s. Overhear conversation
16/11 Attend 13 Black Street, Kensington. Arrest Cannon. Cautioned. Allegations put. Cannon
says, “I think you’ve got the wrong woman”.
Taken to Police station. Declines interview. Wearing glasses when arrested.
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Statement Of Peter Porter
(15 November)
I am in charge of the luggage lockers at Central Railway Station, and have been for the last two
years. The lockers are available for rent each day for $12.00. We keep records of the lockers
used.
Some time after 9.00am on 13 November I rented the last available locker to a tall blonde
woman with spiked hair. That was locker No 007.
She gave her name as Carmel and signed the book C. O’Caine, Kellet Street, Kings Cross.
I remember she had large earrings which stood out and looked nice because of her short hair.
I saw her place a brown paper parcel in the locker after she got the key.
There is only one key per locker and we do not have access once the key is given out.
On 15 November (today) I was visited by Senior Constable O’Rourke. I told him what happened
on 13 November.
I accompanied Constable O’Rourke to the Police Station. There I looked through a group of
fifteen (15) photographs, which were numbered on the back. Photograph Number 7 was a photo
of the woman who rented locker 007 on 13 November.
I am prepared to give this evidence in court if necessary.
(signed) P. Porter
15 November
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Luigi Fiorelli States
(Copy supplied to Prosecutor)
I am the proprietor of Luigi’s Bar in Kellett Street, Kings Cross. I employed an old girlfriend of
mine, Evelyn Cannon, as a waitress in my bar 5 years ago. I have known her since school days
and since she has been working for me we are just good friends. Evi had blonde spiked hair on
and off for ages. I didn’t like it very much. She changed it when she got back from Bali. I
complemented her on it and said it made her look more elegant. She did not spike it from then on.
On 15 November last year Evi was working behind the bar making cappuccinos. She told me
that a customer of ours, Taras, was arrested the night before outside the bar. She went on to say
“You know he has been asking me out. I’m glad I kept away from him. He’s obviously a bit
dodgy”. I said “You can’t be too careful”
Later that night I spoke to a policeman who came into the bar. He asked me where Evi lived and
I told him. He didn’t ask me to make a statement.
I’ve been in trouble with the police twice. 10 years ago I had 2 marijuana plants in a pot on my
balcony and had to do 50 hours community work for that.
Last year I was convicted of assaulting a customer who was drunk. The Magistrate realised I had
to get rid of the customer and gave me a bond.
Statement made to Evelyn Cannon’s solicitor – Friday last
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