SYDNEY - Defence lawyers are likely to formally complain about the destruction of 500kg of cocaine when the case involving Australia's largest seizure of the drug returns to a Sydney court next week.
But Australian Customs Minister Amanda Vanstone says the burning of the haul seized six weeks ago at Patonga, north of Sydney, was conducted according to guidelines.
Two New Zealanders - Hamish Edmond Thompson and Sir Thomas Graham Fry - are among seven men charged after the discovery of the cocaine on the ketch Ngaire Wha, which had earlier set sail from Gisborne.
Fry's lawyer, Deb Paton, said burning the consignment last week before the defence could inspect it amounted to a denial of natural justice for her client.
She said she told federal police that defence lawyers wanted an independent inspection of the drug, but were given no notice of the burning.
"I find it fairly amazing that in a case of this seriousness and this magnitude, where people are facing life imprisonment, we are denied the right at least to inspect the prosecution's primary evidence," she said.
"It is indeed suspicious and it prejudices our case."
The burning, which was done in front of news cameras and which Ms Paton described as a "publicity stunt," occurred one day before police were required to present their brief of evidence to the defence.
Ms Paton said she learned about the decision to incinerate the drugs only through a radio report on the day, giving her no time to seek a court injunction to stop the move.
"I don't know what the long-term consequences are in terms of this case," she said. "But I'm certainly going to raise the point in court as a real issue in terms of denying justice to my client."
Fellow lawyer Rosemary Free-man, representing another of the accused, sent a fax to the minister last week saying the "alleged cocaine" was vital evidence, and the defence might want to have an independent analysis conducted.
Ms Vanstone yesterday rejected the claim that the accused would be denied justice because of the incineration of the evidence.
She said major seizures were routinely destroyed before committal.
"Before that happens, appropriate samples are taken and appropriate secondary evidence is protected to ensure that, when the matter comes to trial, the prosecution have all the evidence it needs.
"The accused will have every opportunity to test every piece of evidence put forward at the trial. That is the appropriate place to do it."
- NZPA
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