NEWS: The Mercury - 16/02/2006 'Drunk PC set up sting'

'Drunk' PC set up sting
By GAVIN LOWER
Law Reporter
16 Feb 2006

AN intoxicated off-duty police officer made a spontaneous decision to launch an unauthorised drug "sting" operation, a court has heard.

The Hobart Magistrates Court was told Constable Martin Rodgers was out drinking with a friend in June last year when he met Clifton Beach man Nicholas Harris, 22, at a Hobart nightclub.

Constable Rodgers told the court he called for police to arrest Mr Harris after negotiating a deal to buy ecstasy after Mr Harris had offered to sell him some tablets.

But Mr Harris told the court yesterday he had agreed to obtain drugs only after the officer asked him to buy them.

Mr Harris said he had been standing outside the nightclub having a cigarette when he struck up a conversation with Constable Rodgers, who asked him: "Do you know where I can get some pills?"

He said Constable Rodgers was slurring his words and looked "very drunk".

Mr Harris said he told Constable Rodgers twice that he did not know where to get drugs but then Constable Rodgers offered him $100 to buy some for him.

"I thought 'Well $100, that could be a couple more drinks and maybe a taxi home'," he said.

Constable Rodgers denied offering Mr Harris $100 to obtain ecstasy for him.

Mr Harris said he agreed to buy the drugs and obtained six ecstasy tablets from a person at the nightclub.

The drugs were given to Constable Rodgers at a carpark.

"He asked me for the pills, I handed them to him, then he pulled out his badge," he said.

"He said 'I'm a police officer, you're in trouble, you're going down'."

The 22-year-old has pleaded not guilty to selling a controlled drug.

Constable Rodgers told the court he had consumed six 10-ounce beers and about five scotch whiskies on the night.

He agreed the decision to carry out a sting on the night was spontaneous and was without authority from superior officers.

Mr Harris's lawyer, Wayne Olding, has applied for the prosecution evidence to be thrown out of court, saying the case was about a police officer "acting illegally".

Magistrate Roger Willee adjourned making a decision in the case until Tuesday.

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Drunk cop's sting fails

AN unauthorised drug "sting'' involving an intoxicated off-duty police officer fell flat yesterday.

Magistrate Roger Willee dismissed a charge against Nicholas Harris, 22, of Clifton Beach, of selling a controlled drug (ecstasy) in June last year.

Mr Willee said: "In short the police officer was on a drunken frolic of his own.''

When the case was heard, Constable Martin Rodgers said he called for police to arrest Mr Harris after Mr Harris had offered to sell him ecstasy and he had negotiated a deal.

However, Mr Harris said the drunken constable persisted in asking him where he could get some pills and Constable Rodgers offered him $100 to buy some.

Mr Willee said it was doubtful any intoxicated off-duty police officer could be said to be legally exercising his duty.

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