Thursday, December 17, 2009

How jailbirds Marcus Einfeld and Mark Standen met over Scrabble

By Lisa Davies From: The Daily Telegraph December 17, 2009 12:00AM

Marcus Einfeld and Mark Standen. Source: The

Daily Telegraph THEY both have at least one major thing in common.

Mark Standen and Marcus Einfeld were at the top of their chosen fields before criminal allegations landed at their feet.

Now, they reside just metres apart in a high-security NSW prison with only Scrabble, crosswords and the shared torture of life behind bars to help pass the time.

Standen, once the most senior investigator for the NSW Crime Commission, testified in court many times.

He is to face trial in the Supreme Court next year on charges he conspired to import a chemical precursor to make the drug ice, which he denies.

Einfeld was a federal court judge and respected human rights activist who is serving up to two years in jail for blaming a $77 fine on a dead professor friend.

Today they are not quite room-mates, but share adjoining cells in a strict security jail, split only by a common kitchen.

Each man is the other's only friend, both "intelligent" people who rely on each other to help them keep their brains ticking over.

They even at one stage agreed to attend an art appreciation course to help pass the time.

"(The instructor) tried to teach us to draw and without being flippant, stick figures are about the best of my drawings so we mainly talked about art history," Standen told the Supreme Court yesterday.

The detail about the pair's life in prison came as Standen made an application for bail yesterday.

His pending trial date of February 1 was vacated ahead of a High Court decision expected early next year that may have an effect on the technicalities of the charges laid.

His barrister Mark Ierace SC called his client to give evidence about his conditions in jail, the court hearing he was locked alone in his cell at least between 2.30pm and 7am, or - occasionally - for more than 24 hours at a single time.

At times, Standen said, the only way to pass the time was to peer through the glass viewing window of his cell to see what his friend Einfeld - referred to as Inmate A in court - was doing.

The former judge's classification allows him longer access to their communal kitchen area and tiny yard.

"I don't see or speak with anybody after 2.30 in the afternoon," Standen said yesterday.

While the pair have access to the gym, they rarely use it because "Inmate A doesn't have much inclination to go the gym".

Instead, they prefer some of the more intellectual pursuits.

"We play Scrabble, do crosswords. I like to do both but if I have a choice of going to the gym on my own or doing these other activities with him, I'd rather do the latter," he said.

However, both inmates are kept strictly separate from the prison community due to a threat on their safety from other inmates.

Standen said they hear the inmates communicating with each other in friendly and, from time to time, "in an unbelievably unfriendly manner".

The same inmates would communicate with him and Einfeld "usually in either a mocking or an unfriendly manner", he said.

The bail hearing continues today.

Tuesday, December 1, 2009

“300kg cocaine trial evidence in 'disarray"

On 1 December 2009 Lisa Davies of the Daily Telegraph reported
“300kg cocaine trial evidence in 'disarray'”.

 She said the country's biggest ever cocaine trial is "in disarray", with the highly-secretive NSW Crime Commission now scrambling to get back crucial material that they "mistakenly" served on the defence 10 months ago, a court has heard. The documents, discussed in open court but not tendered by the Crown in its case against the accused, were given to lawyers for accused “golden gun” conspirator Luke Sparos on subpoena in February. Central Local Court has heard that the material contains detailed call logs of their crucial "rollover" witness who is the main informant against Sparos, Alen Moradian and a number of other men charged with the importation of more than 300kg of cocaine.

The court has previously heard that the material is extremely damaging to the Crown case, and includes evidence about the witness’s dealings with the NSW Crime Commission assistant director Mark Standen, the original officer in charge of Operation Schoale. Standen is due to face a Supreme Court trial in February for his own alleged drug important offences. Solicitor for the NSW Crime Commission Jarrod Whitbourn told Central Local Court this morning that the Crime Commission wanted the material back because they shouldn’t have them in the first place. "The synopsis that we are talking about was jotted down ... (and then) typed up notes that are stored on the disk by the person who is listening to the call," he said. "They don't purport to be a transcription, the purpose of the summaries is ... to determine if there's anything of interest to the investigation."

However, he also admitted that the Crime Commission had not realised the error until yesterday. The stunning admission came as the case was adjourned until Thursday, with the DPP to appeal a decision by Magistrate Geoff Bradd to force the same key witness to give evidence in court, not on video link as the Crown requested. Mr Bradd had sided with counsel for Sparos and Moradian yesterday - Philip Dunn QC and Winston Terracini SC respectively - who argued that it was imperative for him to give evidence in court as telephone intercepts showed his credit was seriously in issue. Mr Bradd ruled that it was “not in the interests of justice” to have the witness, being such a vital one, give evidence from a remote location.

The telephone calls, the two silks said, showed evidence of the witness calling upon his own drug connections and discussing his evidence with numerous people. Late today, Moradian’s solicitor Stephen Alexander was granted a short service subpoena by Magistrate Allan Moore, asking the Crime Commission to produce all telephone intercept material in their possession.

The total amount of the drug said to have been imported by the so-called "golden gun" syndicate is in excess 700kg, making it the largest ever syndicate of its type in Australia’s history.

Tuesday, November 17, 2009

“Jailed crime fighter Mark Standen has applied for bail”

On 17 December 2009 Drew Warne-Smith of The Australian reported
“Jailed crime fighter Mark Standen has applied for bail"

Mark Standen … charged.
Photo: Jon Reid
He said, disgraced former crime fighter Mark Standen has applied for bail on the grounds that he is depressed because he has only one friend in jail, former judge Marcus Einfeld, with whom he spends his days playing Scrabble. This burgeoning friendship was revealed in the course of a Supreme Court bail application brought by Standen, who has yet to face trial on three charges related to conspiring with Sydney food importer Bill Jellatly to import enough pseudoephedrine to produce $120 million worth of the drug "ice".

Standen and Einfeld are two of the more notorious names in Australia's justice system. One was the NSW Crime Commission's senior on-the-ground investigator, a 34-year veteran of the drug wars, charged for the very crimes he tried to stamp out. The other was an esteemed human rights activist and federal court judge who scorned the laws he once upheld. But Standen and Einfeld have more in common than just a dramatic fall from grace. They also share a jail cell. Or more accurately, they share a kitchenette and a small exercise yard which adjoin their individual cells in a high security compound in NSW, which cannot be named for legal reasons. And together they wile away the hours playing Scrabble, completing the crossword and braving the mockery and insults of other inmates when they venture into the communal yard.

Standen was arrested at his desk in June last year, and he has been held in solitary confinement since. Now clinically depressed, he agreed with Crown prosecutor Tim Game SC who characterised the bail application as being on the basis that he was "doing it tough" on the inside. "`I'm aware that I am considerably more anxious," Mr Standen said of his mental health. "I don't like being locked up is the bottom line of it."

Einfeld, who was jailed for three years in March after pleading guilty to charges of perjury and making a false statement with intent to pervert the course of justice, was referred to in court yesterday as

"Inmate A".

In challenging how onerous Mr Standen's prison conditions were, Mr Game asked if Inmate A was "an anti-social person?"

"No," Mr Standen responded.

"Engaging?" "Yes."

"Intelligent?" "Yes."

"Interesting?" (Long pause.) "Yes."

"It's not as if you're sharing time with a sociopath or psychopath?"

"I'm assuming not", Mr Standen replied with a wry smile.

Later, outside the court, prosecutors confirmed that Inmate A was Einfeld. The case will continue this morning.

Additional reading: British Drug Trafficker Fights to Remain Here
Published : November 27, 2009 :: 20:11:09

The convicted British drug trafficker James Henry Kinch is still being remanded in the infamous Klong Prem prison in Bangkok. Mr Kinch was arrested in relation to the trafficking of a substantial amount of the drug precursor pseudoephedrine into Australia.

Background Information

James Henry Kinch age 49, a British national was formally arrested in Australia for attempting to import a substantial quantity of the class-A drug Ecstasy. He was later released in mysterious circumstances when the NSW Crime Commission withdrew the prosecutions brief of evidence against him. The reason given by the commission was that a key witness had left the country and was refusing to give evidence.

Following investigations by various sources it was discovered that Mr Kinch, who had by now left Australia for Europe, was retained by the NSW Crime Commission as an informant following his release from prison. After travelling around large parts of Europe, Asia and the Middle East, believed to have been setting up various drug trafficking deals, he was arrested in Thailand. The Thai police had received information from the Australian Federal Police about Mr Kinch’s activities, subsequently arresting him at the airport in Bangkok, whilst he was waiting to board a flight bound for Germany.

Three days after the arrest of Mr Kinch a deputy with the NSW Crime Commission, Matt Standen and well known businessman Bill Jalalaty were also arrested by the Australian Federal Police for conspiring to import a substantial quantity of the drug precursor pseudoephedrine in collusion with Mr Kinch. It is alleged that Mr Standen had numerous conversations with Mr Kinch in relation to importing the substance, of which none were recorded with the NSW Crime Commission as is required.

Three days after the arrest of Mr Kinch a deputy with the NSW Crime Commission, Matt Standen and well known businessman Bill Jalalaty were also arrested by the Australian Federal Police for conspiring to import a substantial quantity of the drug precursor pseudoephedrine in collusion with Mr Kinch. It is alleged that Mr Standen had numerous conversations with Mr Kinch in relation to importing the substance, of which none were recorded with the NSW Crime Commission as is required.

Thailand’s Involvement

Following a tip-off from the Australian Federal Police, Thai authorities were able to arrest and detail Mr Kinch on international drug trafficking charges. Mr Kinch was arrested on the 31st of May 2008 at the Bangkok airport and has remained in the infamous Klong Prem prison ever since.

Various court cases have come and gone for Mr Kinch, with the Thai authorities attempting to extradite him back to Australia so that he can stand trial for the 17 offenses that have been brought against him by the Australian Federal Police and the NSW Crime Commission.

Mr Kinch has previously stated that he would rather endure months or even years in the notorious Klong Prem prison than be deported back to Australia where he is wanted as both an accused drug trafficker, and to give evidence in the case brought against Crime Commission Deputy Matt Standen and businessman Bill Jalalaty.


At present Mr Kinch is still involved with legal proceedings within the Thai courts. With Mr Kinch’s lawyers having so far been successful in their attempts to block the extradition as Australia and Thailand do not have a signed extradition agreement between each other. For the time being it looks as if Mr Kinch is destined to remain in remand at the Klong Prem prison in Bangkok awaiting the conclusion of this intriguing case of international drug trafficking.

Friday, November 13, 2009

Additional reading: Prison attack viewed in court

Additional reading: Date: November 13 2009

Bellinda Kontominas AS A three-time world champion kickboxer, Adam Watt was more than capable of defending himself in jail. But it was an attack from behind, by an inmate swinging a pillow case stuffed with a five kilogram Breville sandwich press, that nearly killed the 42-year-old.

Family members gasped as video footage of the October 1 attack, which occurred while Mr Watt was awaiting trial over an alleged conspiracy to import $50 million of pseudoephedrine, was played during a bail application hearing in the NSW Supreme Court yesterday.

Read more here

Friday, April 3, 2009

Standen used cop info in scheme: Court told

Source "The Age" Katelyn John April 3, 2009

Disgraced former cop Mark Standen used his "special knowledge" as one of NSW's top crime fighters in an alleged drug conspiracy, a Sydney court has heard.

Crown prosecutor Tim Game, SC, said Standen was far from "an innocent" in the conspiracy to import up to 600 kilograms of pseudoephedrine - a precursor to the drug ice - due to be shipped to Australia inside a container of rice from Pakistan.

The former senior NSW Crime Commission officer regularly called Customs authorities to ask about what drugs were coming in and from what countries.

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"It's not as though we're talking about a person who was blind - he knew what he was doing," Mr Game told a committal hearing at Sydney's Central Local Court on Friday.

"(He was) using his special knowledge as a senior officer."

Standen, 51, was arrested in June last year along with alleged co-conspirator Bakhos Jalalaty, 45, after a two-year federal investigation spanning three continents.

Despite the container arriving in April last year with no trace of the chemical, he was charged with conspiring to import and supply a large quantity of the ice precursor and conspiring to pervert the course of justice.

But Mr Game said the prosecution only had to prove Standen intended to import pseudoephedrine, not that he was actually successful in the bid.

"We can raise an inference that's ultimately capable of proving the case beyond reasonable doubt his intention to participate in an agreement to import pseudoephedrine," he said.

Standen will spend at least another two months in solitary confinement after the matter was adjourned to give Magistrate Julie Huber and defence barrister Gordon Elliot time to read newly tendered documents.

The hearing will continue in the same court on June 10.

Saturday, March 28, 2009

Additional Information - File 1 - JAMES Henry Kinch

Briton In Thai Prison Fighting Australian Extradition For Nearly A Year International case involving senior Australian police as co-defendent

JAMES Henry Kinch says he would rather endure months or even years more in Bangkok's notorious Klong Prem prison than return to Australia, where he trusts neither the police nor the judicial system but is wanted as an accused and a witness. Along with one-time NSW Crime Commission assistant director Mark Standen, Kinch was charged by Australian authorities last year with conspiring to import 600kg of pseudoephedrine (used to make the drug ice) into Australia.

Arrested in Bangkok on May 31 last year, two days before Standen and a third man, food importer Bill Jalalaty, were picked up by the Australian Federal Police in Sydney, the pugnacious Kinch decided to stand his ground and resist any attempts to get him back to Australia. He has been resisting ever since.

Yesterday he appeared again in Bangkok's Central Criminal Court, the latest in a series of extradition hearings that have been under way for months, always with an AFP officer in the back of the court, watching the proceedings.

In his first interview with the media since his arrest, and the first he or his alleged co-conspirators have granted to a journalist, Kinch tells Inquirer he will not surrender to Australian pressure.

Kinch, 50, who in the past has been arrested in Australia on drugs charges and admits he has served time in a British jail for armed robbery, says the accusations are rubbish, fabricated by the Australian authorities to justify an expensive two-year investigation that went nowhere. "They spent two years bugging calls, offices, email. They had to justify that in the end. There's nothing there; nobody was doing anything. They couldn't back down, the AFP," he says.

He grimaces, saying he knew Standen but he wasn't a close friend, adding that he would never do anything as stupid as smuggle drugs in cahoots with a senior cop or with Jalalaty, a businessman he has described in unflattering terms. "What kind of lunatic would I be? To trust the deputy of the Crime Commission, and Jalalaty, who I've described as a Mr Bean, a Walter Mitty character. It's one big farce. It's been one thing after another. I didn't even know what pseudoephedrine was until this."

Kinch admits he supplied $1.7 million to Jalalaty to establish a food importing business but denies the money had anything to do with setting up a front for drug importations. "I was trying to do straight things, legal things," he says. "The guy lost the money, that's the end of that."

The case against Kinch, Jalalaty and Standen, who was a former AFP officer as well as being a senior Crime Commission investigator, exploded white-hot last year: a serving senior officer allegedly caught conspiring to smuggle illegal drugs on a vast scale. Standen was a trusted insider with a working knowledge of organised crime in Australia. And now he was accused of conspiring with the enemy.

The nearly simultaneous arrests in Australia, Thailand, the Netherlands and Germany nearly 12 months ago were the culmination of a year-long inquiry. AFP agents and Dutch investigators tapped phones, dipped into emails and monitored drug shipments from as far away as Congo.

Standen has been accused of meeting Kinch, described as a "crucial middleman" with alleged connections to a Dutch drug ring, and Jalalaty in Dubai in 2007 to plot the drug importation. Kinch was allegedly the link to the Netherlands drug syndicate, something he flatly denies. The 600kg of pseudoephedrine, enough to make $120million worth of methamphetamine, or ice, were allegedly intended to arrive in Australia in a container sent from Pakistan and destined for Jalalaty's food import business. The container duly arrived. It was searched. Nothing was found.

Kinch will not talk about anything that may or may not have happened in Dubai, and he says the reason no drugs were found in the container is simply because the drugs never existed, not because they were offloaded somewhere. Standen's lawyer, Gordon Elliot, asked an AFP officer at his client's committal in Sydney last month whether a microscopic examination had been conducted of the container's contents to determine whether minute traces of the drug indicated it had once been present. He says he was told an examination had been done and no traces were found.

Lawyers for the commonwealth Director of Public Prosecutions stalled two days into Standen's committal in February. The magistrate granted an adjournment until next Friday, April 3. "The commonwealth DPP stood up in court and said they don't have the evidence they need," Elliot says. "It appears they don't have the evidence in relation to Mr Standen or Mr Kinch."

Elliot says his client's committal may be dismissed if the prosecutors fail to come up with the evidence on Friday, nearly a year after the arrest of his client. The Crown evidence already runs to 8000 pages, but Kinch insists he and his alleged co-conspirators never mentioned drugs. "It's all interpretation," he says.

The dismissal of Standen's committal could have an immediate effect on Australia's lengthy attempts to extradite Kinch from Thailand. In a statement, the DPP says Standen's committal hearing was adjourned to allow for "the receipt of relevant evidentiary material in admissible form", adding that the length of the adjournment was partly determined by court availability. The statement went on: "The timing of the proceedings against Mr Standen is unrelated to the timing of any proceedings against Mr Kinch."

The British entrepreneur with the greying crew cut has no faith in Australian justice and firmly believes every effort will be made to extradite him, regardless of whether there's "relevant evidentiary material" or not. He is doing everything he can to thwart Australia's bid to haul him back to Sydney. "I'm charged with him (Standen). It's to put the pressure on me so that I would incriminate him, which I've refused to do."

Kinch and his Thai lawyer, Prachaya Vijitpokin, have fought his case for months, since soon after his arrest last May, and it largely has been a matter of contesting documentary evidence supplied by Australia.

The Australian extradition request is not only for the charge of conspiring to import drugs last year but also forcharges first brought in 2003, relating to an alleged attempt to import one tonne of ecstasy in plant-pot bases. Kinch was detained, but the NSW Crime Commission reportedly then withdrew the brief of evidence. Kinch was later named as one of Standen's informants.

"The DPP, not Mark Standen, dropped the charges," says Kinch, who adds he did not know Standen until after the 2003 charges were dropped. "Then they did me for overstaying my visa. I didn't know Mark Standen until well after my arrest. I had no meetings with him until I was acquitted." He insists it's ridiculous to resuscitate charges that he says were dead and buried six years ago. "Any evidence, they had it at that time. There was no new evidence. There's nothing."

Vijitpokin says he is doing battle with a Thai prosecutor assigned to fight the case to extradite Kinch, after the foreign ministry passed on the documents from the Australian Government. Extradition cases typically take at least a year, often two or more, in Thailand and bail is automatically refused. "There are many cases in Thailand," he says. "We cannot rush the case." Vijitpokin recently visited Australia and spoke with Kinch's Sydney solicitor, William O'Brien, who declined to comment to Inquirer.

Kinch says he has been served with a "seizure of assets" form, and transcripts of bugged conversations. "They served the papers on me; transcripts of my conversations with Mark Standen. They hoped I would crack, that I would then decide to join their side," he says. "The problem is, if I win my case, they'll appeal. That'll be another year. They had me for a year from 2003 to 2004. It's almost another year now. I'm a loser all the way around. I can never win. It would be easier to go to Australia, but it's the principle of the matter."

He says the pressure from Australia never lets up. Friends who visit him in Thailand have been followed by mysterious Australians, he says, and since his bank accounts have been frozen he has had to survive on the goodwill of friends and relatives.

In Australia, the ramifications of the arrest of Standen are still echoing through the legal system. Last month, in the District Court in Sydney, the AFP agreed that lawyers representing an accused drug dealer, who was arrested after a sting led by Standen, could see the evidence that will be used against the former senior officer.

Meanwhile, thousands of kilometres away in the Netherlands, 14 suspects also arrested in connection with the 2008 alleged attempted importation to Australia wait for their trials to begin. Allegedly from the drugs ring linked to Kinch, they will appear in court again for a pre-trial hearing on April 10, according to a spokeswoman for the National Public Prosecutor's Office in Rotterdam, who says she expects the trials to begin in October this year, and a verdict by November. "We want to prosecute them all," she adds. The Dutch evidence already runs to 50,000 pages and the Australian brief will be added to the pile.

Several of these 14 defendants, according to Dutch lawyers, also were connected to the earlier investigation in which Kinch was allegedly central to the attempted importation of a tonne of ecstasy into Australia in pot-plant bases. He was arrested in 2005 in connection with this alleged plot. But Kinch says it's obvious he has no charge to answer in connection with the 2005 case because nearly all the Dutch defendants were acquitted. Yet Dutch lawyers say appeals (by the prosecution) are pending by a court in Arnhem. Kinch is apparently expected to be a witness for the defence.

Dutch police reportedly have said they could have charged Kinch in connection with the 2007-08 investigation, codenamed Mayer, but they decided to leave the carriage of his case to Australia. Kinch denies that. "The Netherlands police have said that I'm not a suspect in this case. It's all designed to get me." He says the actions of the Australian authorities are highly suspect and he has written letters of complaint to international human rights bodies.

He says the translation of various documents has been incorrect, elevating suspicion to fact. He cites one example, where he says a phrase "believed to contain drugs" has been translated as "did contain drugs".

"If I was given a fair trial here, I'd win. But there's far too much interference from the Australian embassy. They sent a representative from the embassy, from the AFP, but he wouldn't testify. They don't want to answer any awkward questions. It's a farce."

- The Australian / 2009-03-28

Friday, March 27, 2009

Police to begin new inquiry into Standen

Kate McClymont - March 27, 2009
MARK STANDEN, the NSW Crime Commission officer arrested last year over his role in an alleged international drug importation syndicate, is now the subject of a Police Integrity Commission investigation.

The Herald understands that the PIC is investigating Standen's role in the handling of cash and assets confiscated from criminals. Each year the Crime Commission seizes millions of dollars in assets and properties confiscated as a result of investigations. Property can be seized without obtaining a criminal conviction if the Supreme Court finds it is more probable than not that the person has been involved in serious crime-related activities.

Last year the commission obtained forfeiture orders which netted the State Government more than $29 million. According to the commission's 2007-2008 annual report, the property forfeited included vehicles, jewellery, property, cash and funds held in bank accounts.

The most significant single item of property forfeited during the year was the sum of [about] $11 million in cash," it said.

One of the matters under investigation by the PIC involves a boat which Standen is alleged to have sold privately several years ago. The boat, worth more than $100,000, is alleged to have been sold by Standen at half its market value. A spokesman for the PIC said the organisation was unable to comment on any investigations.

Yesterday in the NSW Court of Appeal, the convicted drug importer Malcolm Gordon Field accused Standen of fabricating a document used by the commission to seize his assets. Having already seized Field's Australian assets, the NSW Crime Commission took action in the Supreme Court in 2001 to confiscate a villa in the south of France, claiming Field had bought it with the proceeds of crime.

Twice Field refused to give evidence in the matter and last year he was sentenced to 4½ years in jail for contempt of court. Representing himself, Field told the court yesterday that on June 3 last year, the day after Standen's arrest, a Crime Commission solicitor, John Giorgiutti, visited him in jail, offering to have his sentence reduced if he gave information about Standen. Field said he rejected the offer.

Ian Temby, QC, representing the commission, told the court that Field's allegations about the restraining orders were not relevant to the appeal and that the issue related solely to his two convictions for contempt of court in refusing to give sworn evidence at examinations in August 2001 and July 2005.

In his written submission, Mr Temby stated, "The examination order had to be obeyed, even if there was something wrong with it, which has not been demonstrated."

Field's seven-year sentence for drug and passport offences concluded in January last year. He will remain in jail until 2014 for his contempt of court if his appeal is unsuccessful.

Standen was arrested in June after an investigation by the Australian Federal Police into his role in an alleged plot to import chemicals from the Netherlands to manufacture the methamphetamine ice.

On the final day of Standen's committal hearing last month, the Crown prosecutor successfully asked for more time so that documents could be obtained from the Netherlands.
These will be presented to court when Standen's committal hearing resumes next month.

 Ref: Field v New South Wales Crime Commission [2009] NSWCA 144 (12 June 2009)

Friday, February 13, 2009

Standen case hinges on missing evidence!

Harriet Alexander February 13, 2009

THE drug importation case against a former senior member of the NSW Crime Commission, Mark Standen, was postponed yesterday after the prosecution said it did not have enough evidence to substantiate all the charges against him.

Standen, 51, contributed to some of the state's biggest drug cases as assistant director of investigations at the commission, and is facing charges of conspiring to import and supply a commercial quantity of pseudoephedrine.

He was arrested in June after two years of surveillance while the Australian Federal Police investigated his role in an alleged plot to import chemicals from the Netherlands to manufacture the methamphetamine ice.
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But on the final day of his committal hearing at Central Local Court yesterday, the Crown prosecutor, Hament Dhanji, conceded that the Commonwealth Director of Public Prosecutions' case was not strong enough to prove at least one of the three charges against Standen, and asked for more time so that evidence could be brought from the Netherlands.

The Crown claims, among other things, that Standen plotted to import a commercial quantity of pseudoephedrine.

"The Crown's case is that that charge, without the additional material, will fail," Mr Dhanji said.

Standen's barrister, Gordon Elliot, said the case against Standen should be dropped because the Crown had been given ample time to collect evidence against him and he had been in solitary confinement for eight months due to his former role as a leading police officer.

"The courts have had a long recognition of the old adage that justice delayed is justice denied," Mr Elliot said.

"Even if there is some kind of communication breakdown between the Commonwealth DPP and other agencies - I'm not saying it's their fault - but Mr Standen should not be disadvantaged."

The magistrate, Julie Huber, said it was not the Crown's fault that the material was not at the committal hearing. The DPP had asked authorities in the Netherlands to send material that would form part of its brief of evidence against Standen but could not control the speed with which that occurred. For that reason, she said, the DPP should be given a maximum of three weeks to produce further material, otherwise she might throw out the charge.

The Crown had suggested that if Ms Huber were to throw out the charge the DPP may proceed with an ex officio indictment against Standen, by which it could bypass the local court and go straight to the District Court.

Ms Huber said: "I'm not prepared to adjourn this matter for any period longer than three weeks. If the material is here longer than three weeks, so be it. If not, the matter will proceed."

Earlier, the court heard that Standen had presided over meetings with federal police and customs even as he was under investigation for allegedly conspiring to import drugs.