A Queensland man formerly convicted of dealing in stolen vehicles and bribing police has been acquitted due to entrapment by a “dishonest and corrupt” undercover police agent.
Nemanja Predragovic was convicted by a jury in April 1992 of one count of aggravated unlawful possession of a motor vehicle and two counts of unlawful possession of a vehicle.
Predragovic also pleaded guilty to two counts of official corruption in the form of seeking to have police officers obtain a driver’s licence for him under a false name in exchange for mechanical services for their personal vehicles.
In a Court of Appeal judgment handed down on Tuesday, Justice David Boddice stated that Predragovic was arrested as part of the Queensland Police Service’s Operation Trident.
The operation was launched in late 1989 with the aim of tackling car thieves and people dealing in stolen vehicles.
Predragovic appealed his convictions in November 1992 but his application was refused.
A later Commission of Inquiry into Operation Trident found that police officers and undercover agents had engaged in the deliberate modification, falsification and manipulation of evidence while taking part in the theft of 68 motor vehicles.
The inquiry found the key witnesses at Predragovic’s trial, police officer Kevin Carmont and civilian police agent Anthony Riesenweber, had both engaged in falsifying evidence during Operation Trident.
Justice Boddice said Riesenweber supplied “misinformation” to police and convinced them that he could bring in the “Mr Big” behind a car stealing ring as well as identify corrupt officers.
“Riesenweber had cleverly manipulated the use of valuable police resources and the processes of investigation for his own purposes … (he) benefited enormously financially,” Justice Boddice stated.
Carmont had testified that he supplied a stolen silver Ford Fairmont Ghia to Predragovic, who purchased the vehicle after its licence plates and engine number had been changed.
Carmont also testified that Predragovic brought him two stolen green Ford Fairlanes and had him change their identifying numbers.
Riesenweber testified that he acted as a go-between for Predragovic to obtain a licence from police officers under the name “Jack Govic” and without taking any tests.
At trial, Predragovic’s defence counsel argued that the evidence against him should not be admissible as the police operation was illegal and Carmont and Riesenweber “had invited and encouraged” him to commit crimes.
During an appeal hearing last month, barristers for the attorney general conceded that the inquiry into Operation Trident had uncovered material that “establishes a miscarriage of justice”.
Justice Boddice said Carmont and Riesenwebe were not credible or reliable witnesses and he would ordinarily set aside Predragovic’s convictions and order a retrial.
“However, the reprehensible conduct engaged in by law enforcement officers and those under their control, supports verdicts of acquittal,” the judge said.