The Court Report
The outcomes of arrests which make media headlines often are never reported.
'The Court Report' backgrounds selected federal investigations.
The Court Report
EASTERN
REGION
By Stephen Simpson
DRUG IMPORTATION EARNS 14
YEAR SENTENCE
In November 1992 the man be­
hind one of Australia's largest
cannabis
seizures,
Edward
Malcolm Jeffery, dropped his ap­
peal against his conviction for
being knowingly concerned in the
importation of the drug.
A court in August 1991 sentenced
Jeffery to 14 years jail with a non­
parole period of 10 years for his
part in the 3.2 tonne importation
which was seized at Broken Bay in
Sydney in a huge operation in­
volving the AFP, Customs, and
NSW Police.
Several other people connected
with the June 1988 importation,
worth in excess of $30 million, had
already been given various jail sen­
tences, but Jeffery, who had
evaded arrest at the time of the sei­
zure, was eventually caught in San
Francisco in March 1990. Jeffery
was extradited, tried and found
guilty of the charge of being know­
ingly concerned in the importation.
DEFENCE FRAUD PROVED
An employee of the Defence De­
partment was sentenced in the
District Court on 2 March 1992 to
four years jail, with a non-parole
period of two years and eight
months, for her part in an alleged
$650,000 fraud on the Department.
Ourania Dimitropoulos, who held
a middle level position with De­
fence, pleaded guilty to one charge
of aiding and abetting in the com­
mission of a crime, under the
Crimes Act, and subsequently had
her non-parole period reduced to
one year after entering into a re­
cognisance period.
Dimitropoulos processed false
claims for payment which were al­
legedly
submitted
by
an
accomplice, who has been commit­
ted for trial on a charge of
defrauding the Commonwealth.
Action under Proceeds of Crime
legislation has been undertaken to
recover the defrauded funds.
RUSSIAN CONNECTION IN DRUG
SYNDICATE
A syndicate of Polish and Russian
heroin importers was broken in
1990 when information about a
number of suspects was received
from a joint AFP/VICPOL task
force.
Slawomir Karpowicz and Ursula
Barkowska flew to Thailand in Feb­
ruary 1990, and on their return in
March 1990 they were placed under
surveillance from Sydney Airport to
a unit in Strathfield. Another man,
Grzegorz Drazkiewicz, entered the
unit which was then searched and
approximately 220 grams of heroin
were located. The heroin had just
been imported internally by
Karpowicz and Barkowska.
Karpowicz and Barkowska were
sentenced in March 1991 to five
years and three years jail respec­
tively on a charge of importing
heroin. Drazkiewicz was sentenced
in November 1992 to eight years
jail on a charge of being knowingly
concerned in the importation of
heroin. A fourth man, Dimitry
Sher, the alleged principal of the
syndicate was charged with con­
spiring to import heroin but fled
the country while on bail and is
believed to be in Russia.
STOLEN BABY RETURNED TO
MOTHER
On 2 November 1992 Outimio Oviedo Portela received a 10 year sentence for being knowingly
concerned in the importation of 5kg of cocaine that was brought into Australia concealed in an
Baby David Ceylon, 12 weeks old,
was taken from his mother's car in
a Bondi street on 30 July 1992 by
two men wearing balaclavas, who
punched the mother to the ground
when she tried to intervene. The
child's father, a US resident, was
suspected of being involved in the
abduction and assault, although Ms
Ceylon couldn't identify her at­
tackers.
In a joint operation with the NSW
exercise machine.
Page 12
Platypus 39 - Autumn 1993
Police, the AFP Family Law Unit
co-ordinated a local and national
investigation to identify the ab­
ductors and locate the child.
Through AFP's International
Branch, the Liaison Officer in Los
Angeles obtained information from
the FBI about the suspect, and an
alert Australian Customs Officer
matched his arrival in Australia a
week before under another name.
Fiis details and a photograph were
then circulated to Customs,
Coastwatch, DILGEA, and state
police forces throughout Australia.
A breakthrough in the investiga­
tion occurred when a Bondi motel
manager identified the father as a
guest, and a record of phone calls
made from his room linked the
father to a man from the
Mullumbimby area on the NSW
far north coast. Local police, to­
gether with Federal Police from our
Coolangatta office, located the
Mullumbimby man and questioned
him at length over the wherea­
bouts of the father and baby
David. Eventually this led the in­
vestigating officers to a motel in
the north coast town of Ballina.
Federal and NSW police went to
the motel and took the child from
the father under a Family Court
warrant and after a medical check,
reunited David with his anxious
mother. With deportation as an il­
legal immigrant pending, and
custody orders not in existence at
the time of his 'abduction' of baby
David, assault charges were
dropped against the father and he
left Australia shortly afterwards.
The Court Report
NORTHERN
REGION
By Philip Castle
GREAT BARRIER REEF
PROTECTED
In November 1992 a Russian con­
tainer ship's captain, Mr Anatoliy
Romanov, 58, was fined $1000 un­
der an Act aimed to protect
Australia's Great Barrier Reef from
ecological disasters.
Platypus 39 - Autumn 1993
A Gold Coast couple, Mr Kim Whyatt ami Mrs Dianne Whyatt were convicted for being
knowingly concerned in the importation of 800 tablets of MDA in a 37cm ceramic fish.
This was the second time the Act
had been used. It was used for the
first time in December 1991 when
a Korean container ship's captain
was arrested by Federal Police and
fined $1500 in the Bundaberg Mag­
istrates Court.
The Great Barrier Reef Amend­
ment Act of 1991 requires that
vessels more than 70 metres long
be navigated by a licensed pilot
within the Great Barrier Reef. The
court heard that the 110m 'Keifa'
loaded with vegetable fat tallow
had sailed from Cape York to
Euston Reef without taking a li­
censed pilot on board.
The Captain, Mr Jeon Ho-Jun, 50,
a Korean, was arrested and
charged, on berthing his ship at
Bundaberg.
Coincidentally, the ship was wel­
comed by the Queensland Minister
for Primary Industry and the me­
dia as it contained the first drought
relief molasses to the area. The
absence of the captain was notice­
able as he was at that time in the
custody of the Federal Police.
Publicity notifying ships of the re­
quirement for pilots had been
widely circulated before the arrest
and charges.
COCAINE MAIL SMUGGLING RING
BROKEN ON GOLD COAST
In late 1991, Gold Coast Federal
Police officers arrested two Colom­
bian
nationals
who
were
subsequently convicted of the im­
portation of high grade cocaine
through the mail to the Gold Coast
area.
It was believed that the initial im­
portations were designed to establish
a method of larger and more fre­
quent importations.
Almost half a kilo of high grade
cocaine was seized. It had been hid­
den in newspapers and magazines
posted at regular intervals from
Florida, USA and Ecuador.
Both men were convicted in the
Brisbane Supreme Court under the
Customs Act and were sentenced to
12 and eight years jail respectively.
PILOTS LICENCE FORGERIES
ALLEGED
In February 1993, a former woman
employee of the Civil Aviation Au­
thority in Maroochydore was
convicted under the Crimes Act of
being knowingly concerned in an al­
leged scam involving the supply of
blank pilot accreditation papers to a
number of pilots.
Tire woman was dismissed from
the Civil Aviation Authority. She was
sentenced to one year's jail sus­
pended on a two year good
behaviour bond.
Inquiries by Northern Region offic­
ers have so far have been centred in
the Sunshine Coast area but have
extended to NSW and northern
Queensland. A number of pilots
have been charged with related of­
fences and some fined. The CAA
has rescinded a number of pilot
accreditations.
Page 13
TELEPHONE FRAUD OPERATOR
SENTENCED TO
EIGHT YEARS JAIL
A Lebanese born man, Mr
Antoine Akkari, 40, was sentenced
to eight years jail in the Brisbane
District Court in February 1993 for
his part in an international tel­
ephone fraud operation of more
than $400,000.
The court was told that the scam
came to light early in 1991 when
joint task force officers in Mel­
bourne were using authorised
telephone intercepts. The court
heard that Mr Akkari operated an
international Telecom switching
network in Sydney and Brisbane to
provide cheap extended interna­
tional calls between the Middle
East, Australia and elsewhere. The
operation was controlled from
Lebanon and used Mr Akkari as
their Australian connection.
Federal Police inquiries revealed
that he had rented premises and
telephones in false names and an
outstanding bill of more than
$400,000 was owed to Telecom. In
June 1991 inquiries showed that
similar activities had been con­
ducted in various Brisbane suburbs
and in Sydney.
The court heard that he had been
paid between $200 and $450 a
week. The judge said that while he
had not gained a great personal
benefit, he was an important link
in the international conspiracy. The
judge set a non-parole period of
three years.
The Court Report
SOUTHERN
REGION
By Keith Livingston
■
GOOD RESULT FROM A SELDOM
USED PROCEDURE
In a year of considerable activity in
the courts, Southern Region members
have had much success with a
number of convictions.
Among the more notable of these
was the 'direct presentment' to the
Page 14
County Court of four men charged
with Conspiracy to Import 10kg of
heroin.
The seldom used 'direct present­
ment' is a process under which a
prosecuting agency is able to bring
before the court someone who had
charges dismissed at a committal
hearing.
In this matter the AFP had the sup­
port of the Director of Public
Prosecutions in bringing the case to
the County Court despite the Mag­
istrate's earlier ruling, dismissing the
matter.
Three of the men, Robert Felix
Allen, Muthurama Kesevarajah, and
Anthony Moses were tried in the
County Court and on 5 May 1992
were found guilty. They were subse­
quently sentenced to lengthy prison
terms. Allen and Kesevarajah re­
ceived 10 years imprisonment, while
Moses was given a five year sen­
tence. The fourth man was acquitted.
DRUG IMPORTER HAD NO SOLE
Japanese national, Kazuto Furuichi
will be obliged to serve at least
four-and-a-half years of a nine year
sentence (before being eligible for
parole).
He was sentenced in March 1992
after being found guilty of im­
porting almost 400 grams of
heroin in the hollowed-out soles
of shoes he was wearing when he
arrived in Australia.
INTERNAL CONCEALMENT HID
NOTHING
Two Australian citizens, were con­
victed as heroin importers and
received long prison sentences.
An Doa Dang, a 22-year-old stu­
dent, was jailed for four years after
five condoms containing 86 grams of
heroin were found concealed in his
bowel when he arrived in Melbourne
in March on a flight from Vietnam.
Tire other man arrived in April. 38year-old Van Nam Le was found to
have concealed five packages con­
taining 100.8 grams of heroin in his
stomach when he arrived aboard a
flight from Bangkok.
He was sentenced to six years and
ordered to serve a minimum of
three-and-a-half years.
CELEBRANT JAILED FOR
MARRIAGES OF CONVENIENCE
In a scam involving immigrants,
Manjit Sekhon, a high profile mem­
ber of Melbourne's Indian Sikh
community and registered marriage
celebrant, was sentenced to four-anda-half years jail, with a minimum of
two years.
He had been found guilty of ar­
ranging fake marriages for Indian
men wanting permanent residency.
The 60-year-old civil engineer, an
interpreter and ethnic radio program
broadcaster, Sekhon was convicted in
April of five counts of conspiring to
prevent or defeat the execution or en­
forcement of the Migration Act.
An appeal to the Full Supreme
Court against the conviction and sen­
tence was unanimously rejected in
October 1992.
SEVEN YEAR TERM FOR HEROIN
IMPORTER
On 5 May, a 45-year-old Australian
citizen, Frank Yim Kee Cheung was
sentenced to a seven year term with
a five year non-parole period after
pleading guilty to importing and
being knowingly concerned in the
Importation of heroin.
He was also convicted of trafficking
in a dmg of dependence.
The County Court heard that as the
result of a number of importations,
Cheung had arranged the importa­
tion of 7.5 kilograms of heroin into
Australia.
Cheung also involved a teenage
Australian schoolgirl in his criminal
activity.
ILLEGAL VISAS STAMPED OUT
A 51-year-old former employee of
the Department of Immigration re­
moved one of the Departments's
stamps when she left the organisa­
tion.
For a fee, Yolande Weerasinghe
would use the stamp to illegally pro­
vide permanent resident status and
resident re-entry visas to members of
the Chinese and Fijian Indian com­
munities in Melbourne and Ballarat.
Platypus 39 - Autumn 1993
A total of 57 offenders were ar­
rested, 34 of whom were charged
with various offences including for­
gery, obtaining and offering bribes
and obtaining financial advantage by
deception.
The other 23 were dealt with by
Immigration officials as prohibited
non-citizens.
Those charged received prison
terms with minor offenders receiving
suspended sentences.
On 5 October 1992, Yolande
Weerasinghe was convicted of 30
charges and was sentenced to threeand-a-half years jail with a
non-parole period of 20 months.
The Court Report
CENTRAL
REGION
lowed from his home to that hotel.
He met with 'N' before being ar­
rested. 'ST and 'S2' were seen in
the vicinity of the hotel about the
time T' was arrested. 'S2' met with
'N' in his room whilst 'ST watched
from the street. 'S2' and 'N' tried
to hide a sixth ball of heroin in the
hotel room before 'S2' left. Both
'ST and 'S2' were subsequently ar­
rested and 'ST was found to be in
possession of $27,000 concealed in
his underwear. A further ball of
heroin was found concealed within
the toilet cistern in the hotel room.
'N' pleaded guilty at the first in­
stance. 'ST and 'S2' have since
pleaded after a lengthy committal
which included surveillance opera­
tives from Singapore as witnesses.
All have been sentenced to terms
of imprisonment. 'T' is about to go
to trial insisting that he had noth­
ing whatsoever to do with such an
offence.
MALAYSIAN CONNECTION IN
DRUG BUST
OPERATION EYE
In early October 1991, an assessment
by ACS and CDEU Darwin of the
travel movements for a known drug
abuser, suggested a man, codenamed
T', was involved in a further impor­
tation from South East Asia into
Darwin. A check of travel compan­
ions from the first occasion suggested
a likely courier 'N'.
Information suggested that the
importation was to take place
through Adelaide a short time be­
fore the Grand Prix influx to take
advantage of the increased number
of travellers.
While waiting for T' and 'N' to
arrive on 24 October 1991, informa­
tion indicated that 'SI' and 'S2'
travelled from Darwin to Adelaide
for the purpose of meeting the im­
porters. After the arrival of the
overseas flight, 'N' was subjected
to an internal examination and
found to have five balls of heroin
powder totalling about 70 grams of
pure heroin, concealed within his
body.
After his arrest he agreed to assist
police and was taken to a local
hotel where he had previously
booked a room.
Later the same day T' was fol­
Platypus 39 - Autumn 1993
During 1992, a Central Region
prosecution related to a joint opera­
tion between the AFP and the
Royal Malaysia Police.
This operation commenced when
an
Adelaide-based
criminal
(Ridgeway) contacted a deported
Malaysian national (Lee) requesting
that he organise an importation of
heroin into Adelaide. The two
had met previously while jailed in
Adelaide for drug offences.
As a result of this contact, Lee
notified his controller (Chong) at
the Royal Malaysia Police Force
and the operation commenced.
Several meetings took place be­
tween the AFP Liaison Officer and
Malaysian authorities where certain
operational matters were agreed
upon.
Arrangements were made in Ad­
elaide as the information became
available. In essence, Chong acting
as a courier of Lee's would carry
the heroin (controlled delivery).
This would allow Lee to introduce
Chong to Ridgeway.
On Friday morning of the New
Year long weekend Chong and Lee
arrived at Adelaide Airport. Two
meetings took place that day be­
tween Lee and Ridgeway.
Saturday had passed without
Ridgeway taking possession of the
heroin. Harvey, an associate of
Ridgeway became involved. Lee
telephoned Ridgeway and told him
he was leaving. Ridgeway re­
quested that Lee phone him back
shortly. Lee phoned Ridgeway to
tell him he was leaving. Ridgeway
told Lee he had some money and
would meet him at a certain time.
A short time later, Chong, Lee,
Ridgeway and Harvey returned to
the motel and entered a room.
Sometime later, Harvey, followed
by Ridgeway, who was carrying a
camera bag containing 202.7 grams
of heroin, left the room and en­
tered the passageway. They were
subsequently arrested.
Ridgeway was found guilty by a
unanimous decision. Ridgeway
was sentenced to 12 years with a
non-parole period of eight years.
Because Ridgeway was on State
parole at the time he committed
the offence, he had to serve the
remaining parole period of three
years, seven months and 17 days.
This resulted in a total imprison­
ment period of 11 years, seven
months and 17 days.
COUNTER STAFF MADE
ACCOUNTABLE
The Family Court of Australia
referred a matter to the AFP in
September 1991, relating to the al­
leged theft of money from the
Court's public enquiry counter.
Three counter officers were the
main suspects.
AFP executed four search war­
rants on 9 September 1991,
including one at the Court itself,
and seized documents from the
Court and at the home of one sus­
pect, counter officer Constantinos
Milaras, a Justice of the Peace.
Milaras was interviewed that day,
and made some admissions. A full
FCA audit revealed 203 occasions
when someone had stolen sums of
moneys paid by people lodging di­
vorce papers at the court. The
matter involved numerous different
methods by the use of duplicate
receipts, non-existent receipts num­
bers, and others. Schedules of the
whole theft were prepared on
Q&A database. Milaras when inter­
viewed again, made further
Page 15
admissions, adopted the schedules,
and eventually pleaded guilty to
stealing $59,940 in the District
Court (his first criminal appear­
ance).
He was sentenced to 22 months
imprisonment, but was released
after four months on entering a
$2000 three-year good behaviour
bond. From the sale of his home,
he repaid the money in full to the
Commonwealth.
The Court Report
WESTERN
REGION
^
A
t7
By Detective Sergeant John Jacobsen
MADAM ESCORTED TO CUSTODY
An extended investigation began in
April 1990 when the Australian
Taxation Office alleged that a high
profile Perth escort agency proprietor
had under-declared her earnings to
the amount of $4 million over a
three-year period.
Tire ATO investigation into the es­
cort agency owner had been
unsuccessful and the matter was
given to the AFP for further investi­
gation.
The offender, who was an
undischarged bankrupt, circum­
vented her trustee through a series
of legal fronts. These people, al­
though defacto office staff, were paid
handsomely to adopt the role of of­
ficial proprietors.
The investigation involved the crea­
tion of an extensive informant matrix
which included the current 'front'
office staff, working girls and driv­
ers. This product, together with data
from electronic and physical surveil­
lance, was collated with the results
of other enquiries. These included
the execution of 47 search warrants
on banks, residences, business
premises and storage units.
The offender was arrested in a
dawn operation. Assistance in
searching the grounds of the resi­
dence was provided by members of
the Army using metal detection
equipment. In addition to the use of
Section 10 Crimes Act 1914 search
warrants, the offender's residence
was also searched under the provi­
sions of Section 35 and 36 of the
Page 16
Proceeds of Crime Act 1987. A large
amount of cash was seized.
After being charged with Defraud
the Commonwealth, the offender
was released on bail and then pro­
ceeded to harass and threaten two
major Crown witnesses. Tire offender
was again arrested and charged with
Attempting to Pervert the Course of
Justice and using a Telecommunica­
tions Service for Menacing Purposes.
The Madam pleaded guilty to all
charges and was sentenced to terms
of imprisonment up to eight years
concurrent. She was also ordered to
repay $700,000 to the ATO. Beneficial
flow-on to the ATO has been de­
rived with the voluntary compliance
of income declarations by sex indus­
try workers. Tire outstanding success
of this investigation has led to the re­
cent referral of several more major
fraud inquiries by the ATO.
During the investigation, assistance
was provided to WA Police on sev­
eral State offences. These included
arson, unlicensed firearm, stealing;
break and enter. As a consequence
the offender was subsequently con­
victed for burning down the
premises of a rival Madam two years
earlier. A major factor in the success
of this operation was the close liaison
between the AFP the DPP and the
ATO.
DRUG CONSPIRACY BECAME A
CALAMITY
Project Calamity involved the tar­
geting of two Italian brothers who
were suspected of being members of
an organised crime syndicate and
engaged in a conspiracy to import
significant quantities of narcotics into
Italy.
The project involved the use of a
telephone intercept. Surveillance was
conducted by members of the section
in an effort to provide support for
the telephone intercept and to un­
cover further evidence of narcotic
trafficking. An investigative tool used
by members of the section was to
initiate a monitoring order pursuant
to the Proceeds of Crime Act 1987.
This monitoring order was success­
fully obtained from the Supreme
Court of Western Australia and was
the first obtained by the AFP in
Western Australia.
During the investigation, the section
received a request from the Interna­
tional Division that proceedings be
initiated for one of the brothers to be
extradited to Italy to be tried on con­
spiracy charges in relation to a
significant narcotics importation. The
charges related to the subject using
the telephone to co-ordinate narcotic
importations from Turkey to Italv.
Members of this section swore an
extradition warrant before a magis­
trate and later executed the warrant,
arresting the subject. The subject sub­
sequently appealed to the High
Court against the extradition order
and this appeal was denied.
In March 1991 two Italian police
officers representing Interpol arrived
in Australia to accompany the sub­
ject to Italy. While they were in
Australia, members of the section
conducted liaison duties with them,
ensuring that the AFP would enjoy
a good reputation among Interpol
officers in Rome.
PROCEEDS OF CRIME
Recently, successful operations by
the Drug Operations Branch and the
Fraud and General Crime Branch
have resulted in an increase in pro
ceeds of crime investigation within
Western Region. For the first time
property restrained under the pro­
ceeds of Crime Act 1987 in the
Region exceeded $1 million and now
totals approximately $1.7 million.
The Criminal Assets Investigation
Section which is staffed by only three
police members has executed 44
search warrants and production or­
ders in four months in support of
recent drug and fraud operations.
The implementation of recommen­
dations made by the Resources
Review Committee have resulted in
CAIS concentration only on proceeds
of crime investigations and money
laundering. Among the property re­
strained under the Proceeds of Crime
Act include a twin-engine aircraft, a
video store, nine cattle properties,
four houses, a power boat, an emu
farm, bank accounts and cash.
Drug Operation Branch seizures
under the Customs Act now total an
estimated $928,350. Significant sei­
zures consist of a 17 metre yacht, a
Zodiac ten-man rubber boat together
with the outboard motor, communi­
cations equipment and $528,000 in
Australian currency.
Platypus 39 - Autumn 1993