The judgment notes
The respondent trained to be a prison officer and graduated in 2009. She then worked at the Darwin Correctional Centre until her arrest on 14 June 2013. During this period she was a regular user of methylamphetamine, some of which was supplied to her by Philip Kaye. In March 2013 police commenced an operation which targeted Mr Kaye and some of his associates. The operation involved the utilisation of covert surveillance devices, including telephone interceptions and surveillance cameras. This investigation obtained evidence of the respondent’s involvement in the offences the subject of the charges.The counts were
Count 1 On 25 March 2013 the respondent made a telephone call to a fellow prison officer, Dwayne Reicheldt, and asked him to access the prison database for information about Mr Kaye and another known drug user to determine if they were in custody. She wished to contact them to obtain drugs. They were not in custody. The respondent pleaded guilty to the offence of having procured Mr Reicheldt to unlawfully communicate confidential information. The maximum penalty for this offence is imprisonment for three years.
Count 2 [ On 16 April 2013 the respondent contacted James Hau on behalf of a remand prisoner, Jarrod Davis, and asked him to contact Mr Kaye to organise the supply of cannabis for Mr Davis at the Darwin Correctional Centre. Mr Davis was known to be a member of the Rebels outlaw motorcycle gang. The respondent pleaded guilty to the offence of unlawfully supplying cannabis contrary to the terms of the Misuse of Drugs Act 1990 (NT). The maximum penalty for this offence is imprisonment for five years.
Count 3 On 16 April 2013 the respondent again contacted Mr Hau on behalf of Mr Davis. She outlined the evidence that Mr Hau should give at any hearing of the charges pending against Mr Hau for receiving firearms from Matthew Evans. Mr Evans had stolen firearms from a navy vessel and was supplying those firearms to Mr Hau, who was to give them to Mr Davis in exchange for dangerous drugs. On 24 April 2013 the respondent passed a message to Mr Hau on behalf of Mr Davis thanking him for the information he provided to the court. The respondent pleaded guilty to a charge of attempting to induce a person to give false testimony. The maximum penalty for this offence is imprisonment for seven years.
Count 4 On or about 22 April 2013 the respondent procured a work colleague to access the prison database and obtain the personal mobile telephone number of Richard Carter, who was the President of the Rebels outlaw motorcycle gang. The respondent obtained the number. She pleaded guilty to having procured another to unlawfully communicate confidential information. The maximum penalty for the offence is imprisonment for three years.
Count 5 On 24 April 2013 the respondent told Mr Kaye that investigating police officers had visited the Darwin Correctional Centre and spoke with a female inmate about an assault charge pending against him, made by his ex-partner, Sharna Bromham. On 15 May 2013 the respondent told Mr Kaye that a drug dealing associate of his was on remand at the Darwin Correctional Centre and had been visited by detectives. She said the prisoner had been moved within the prison and that she had “personally offered her services” to him. On 20 May 2013 the respondent received information from a prisoner to the effect that a named “Southern drug dealer” was dealing large quantities of methamphetamine in the Darwin area, and she conveyed that information to Mr Kaye. She pleaded guilty to having unlawfully communicated the confidential information to Mr Kaye. The maximum penalty for this offence is imprisonment for three years.
Count 6 On 23 April and 24 April 2013 the respondent participated in several telephone conversations with Mr Kaye in which she negotiated the purchase of the drug MDMA for her flatmate and work colleague, Page Watteau. She pleaded guilty to unlawfully supplying a dangerous drug. The maximum penalty for this offence is imprisonment for five years.
Count 7 On 30 May and 31 May 2013 Mr Kaye was before the Court of Summary Jurisdiction for a bail application for a charge of aggravated assault upon Ms Bromham. The respondent performed escort duties on those occasions. At the request of Mr Kaye she contacted his business partner, Anthony Heta, and asked him to make contact with Ms Bromham to tell her to withdraw the charge. The respondent pleaded guilty to having attempted to induce a person being called as a witness in a judicial proceeding, to withhold true testimony. The maximum penalty for this offence is imprisonment for seven years.
Count 8 On 31 May 2013 the respondent made contact with Zailey Ainslie, who was Mr Kaye’s partner at the time. Mr Kaye was in the Darwin Correctional Centre on remand. She instructed Ms Ainslie that Mr Kaye wanted to be supplied with cannabis and she described a method by which cannabis could be smuggled into the prison. The following day Ms Ainslie attempted to smuggle a small amount of cannabis into the prison whilst visiting Mr Kaye. The respondent pleaded guilty to the offence of unlawful supply of cannabis. The maximum penalty for the offence is imprisonment for five years.
Count 9 On 11 May 2013 the respondent returned from a trip to Thailand with her partner. Her partner purchased steroids in Thailand and gave them to her to smuggle through customs. The drugs were subsequently found at her premises. She pleaded guilty to unlawful possession of testosterone and stanazol. The maximum penalty for the offence is a fine.
Count 10 On 12 June 2013, whilst off duty, the respondent called Ms Watteau who was working at the prison and had her look at the database to see if Mr Kaye was in custody. She pleaded guilty to having counselled or procured Ms Watteau to unlawfully communicate confidential information. The maximum penalty for the offence is imprisonment for three years.
Counts 11 and 12 On 14 June 2013 the respondent attended at a car park in Winnellie to collect drugs from a motor vehicle that had been parked there. The vehicle belonged to Mr Kaye. She was arrested at the scene and denied any knowledge of drugs. She eventually produced the drugs from within her vagina. A drug analysis revealed that there were 12 tablets containing 3.15 g of MDMA and a powder containing 1.46 g of methylamphetamine. Count 11 related to the unlawful possession of the methylamphetamine and the maximum penalty for this offence is two years imprisonment or a fine. Count 12 related to the unlawful possession of the MDMA and the maximum penalty for this offence is imprisonment for five years.The respondent pleaded guilty to each of the charges, being sentenced in November last year.
In relation to counts 1, 4, 5 and 10, offences relating to unlawful communication of confidential information, her Honour imposed an aggregate term of imprisonment for 6 months. In relation to counts 2, 6 and 8, offences relating to drug matters, her Honour imposed an aggregate sentence of imprisonment for 12 months. In relation to counts 3 and 7, offences of attempting to induce a person to withhold true testimony, her Honour imposed an aggregate sentence of imprisonment for 12 months. In relation to count 9, the offence of possessing steroids, the respondent was fined $500. In relation to counts 11 and 12, the offences of possessing methamphetamine and MDMA, she was fined $1000. It was directed that the individual sentences of imprisonment be served cumulatively, giving a total period of imprisonment for two years and six months.
