Customs 'make use of' third world sentences

THE FAMILY of an Englishwoman serving 10 years in a high-security Indian jail claimed yesterday that British officials were following a 'deliberate policy' of using the harsh laws of third world countries to punish suspected drug smugglers.

Helen Cooper, 32, from south London, has been in Tihar Prison, New Delhi, since 1987 for smuggling cannabis. But it was only recently that the Foreign Office told her brothers, Colin and Paul, that her arrest was the result of a tip-off from a Customs & Excise officer based at the British High Commission in New Delhi.

She was caught with her boyfriend at Delhi airport, changing planes on a journey from Nepal to Amsterdam. Ms Cooper's brothers allege that the Foreign Office information shows a decision was taken not to arrest their sister when she got off the plane in the Netherlands or returned to Britain, where penalties for smuggling soft drugs are more lenient.

'We don't condone drug-smugglers,' said Colin Cooper. 'What we are concerned about is the British Government allowing its citizens to face penalties in Thailand or India which are far greater than in Britain or Europe.'

A Customs source said that a decision had to be taken every time intelligence was received on whether to make an immediate arrest or follow the drugs back to dealers in Europe. If smugglers were watched, there was the risk that the drugs and suspects would be lost.

With flights to the Far East becoming cheaper, the role of British drug liaison officers in the arrest of British citizens is likely to become controversial. Because they are attached to embassies, they can claim diplomatic immunity to avoid being examined by the defence in court.

The Cooper brothers say that the British tip-off has brought a 'terrible penalty' down on the head of their sister. They blame in equal measure Michael Kingsbury, 48, a former paratrooper from Dartford, Kent, and the British authorities for her plight.

Ms Cooper and Mr Kingsbury, who had lived together, were arrested at Delhi airport in January 1987. Mr Kingsbury's suitcase contained 2.4kg (about 6lbs) of cannabis resin bought in Nepal. The case was booked in under Ms Cooper's ticket.

Mr Kingsbury, said Colin Cooper, had served a prison sentence in France for drug- smuggling in the mid-1980s. Helen was arrested near Boulogne when she tried to get cannabis to raise money for his defence. It was almost certainly their previous convictions that led to their names being spotted by British officials in Delhi.

The couple's case took three-and-a-half years to get through the Indian courts. She appealed immediately after sentence, but lawyers strikes, changes of judges and the endemic delays in the Indian legal system have prevented the appeal coming before the courts. She may well complete her 10 years in jail without her appeal being heard.

The Foreign Office said yesterday it was very concerned about the long delay in bringing Cooper's appeal to court. Representations at ministerial level were made when Narasimha Rao, the Indian prime minister, visited London last week.

But, says Colin Cooper, 'The British government appears to have a procedure for getting a British citizen arrested when Customs officers make their kill, but the Foreign Office, which is left to clear up the mess, has no procedure to ensure that they are treated fairly.'

'Helen has suffered terribly for the sake of 2.4kg of a soft drug. She was convicted because she was deeply in love with her boyfriend. She has more than paid the price for her crime.'

(Photographs omitted)