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Customs told to give up drug files

Sophie Goodchild

Daily Record

Thursday 23 Dec 1999


A KEY witness in a major drugs trial gave a false account when an
undercover operation was mounted, it was revealed yesterday.

Now a High Court judge has ordered Customs to hand over all files
relating to jailed drug smugglers Thomas Porter, 45, and John Smith,
44, who are appealing their convictions.

The elaborate 1996 sting involving pounds 20million in cannabis put
two-time World's Strongest Man winner Forbes Cowan, 33, and four other
gang members in jail for 44 years.

At a six-week trial at the High Court in Kilmarnock in May 1997, a
Customs officer known only as "Frank" testified they were tipped off
about the gang 11 months before the sting.

But judge Lord Abernethy said Customs had produced a "Diary of Events"
which showed they had been watching the men for four years.

He said in a written decision the timetable Frank gave the jury was
"not correct" and the credibility and reliability of his evidence was
crucial to the case.

He ordered Customs to give all documents relating to the men to a
senior advocate.

Smith and Porter are appealing their conviction and maximum 14-year
sentences for bringing pounds 20million of cannabis into Scotland from
Morocco.

Fishing boat skipper Baird Mackenzie went to Customs in 1995 after he
was approached by the gang to take a boat to collect the drugs.

Four undercover officers joined Mr Mackenzie and gang member Ian Hood
to crew the Customs boat Cirrus 2 from Spain to Africa and back to
Scotland. Armed police swooped on them as they landed the hash in
Troon, Ayrshire .

London-based businessman Smith and professional gambler Porter, of
Kilwinning Ayrshire, believe they were "set up" by Customs whom they
claim used Mr MacKenzie to lure them into the operation. Hood, 26, of
Troon, was jailed for eight years and Robert McElwee, 25, a garage
owner from Fenwick, got four.

A hearing is expected early next year.

 

 

 

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