"(1) between 4 December 2002 and 29 December 2003, both dates inclusive, at Collina Street and 75 Foresthall Crescent, both Glasgow, Cross Street, 10 High Street, 36 Hazel Place, the Greenside Hotel, Anderson Drive, Leslie and Falkland, all Fife, at Littlehill Golf Club, Auchinairn Road, Sauchiehall Street, The Willow Hotel, Renfrew Street, Tote Bookmakers, Cambridge Street, Central Station, Gordon Street, London Road, Flat 2/2, 90 Lenzie Street, 28 Keppoch Street, The Cairn Public House, Balornock Road, 53 Acredyke Road, Quarrywood Road, The Dairy, 22 Quarrywood Avenue, 52 Brookfield Drive, The Forge Retail Park, Parkhead, Stobhill Hospital, Renfield Street, all Glasgow, in motor vehicles travelling between Glasgow, Liverpool and Manchester, 437 Walton Breck Road, 65 Queens Drive, Liverpool, Priory Hospital, Altringham, Manchester and elsewhere in Glasgow, Fife and the United Kingdom, you ROBERT CAMPBELL, JOHN WALLACE, JOSEPH WRIGHT, KEVIN MICHAEL CONNOLLY, PATRICIA SLAVEN and KIRSTY CAMPBELL were concerned in the supplying of a controlled drug, namely Diamorphine, a Class A drug specified in Part 1 of Schedule 2 to the aftermentioned Act, to another or others, including in particular to Dennis James David Carr or McLaughlin, born 6 February 1973, present whereabouts unknown, Peter Vincent Gasparini, 50 Newhaven Road, Edinburgh and David James Laidlaw McPhee, 3B Davids Loan, Bainsford, Falkirk, in contravention of Section 4(1) of said Act: CONTRARY to the Misuse of Drugs Act 1971, Section 4(3)(b);

you JOHN WALLACE did commit this offence while on bail, having been granted bail on 5 September 2003 at Glasgow Sheriff Court;

and

(2) on 29 December 2003 at Baird Street Police Office, Glasgow, you JOHN WALLACE did have in your possession a controlled drug, namely Cocaine, a Class A drug specified in Part 1 of Schedule 2 to the aftermentioned Act, in contravention of Section 5(1) of said Act: CONTRARY to the Misuse of Drugs Act 1971, Section 5(2);

you JOHN WALLACE did commit this offence while on bail, having been granted bail on 5 September 2003 at Glasgow Sheriff Court."

"on 11 and 12 July and 6 October all 2003 at Sauchiehall Street, Renfrew Street, Tote Bookmakers, Cambridge Street, all Glasgow, in motor vehicles travelling between Liverpool and Glasgow and elsewhere in Glasgow you JOSEPH WRIGHT were concerned in the supplying of a controlled drug, namely Diamorphine, a Class A drug specified in Part 1 of Schedule 2 to the aftermentioned Act, to another or others, in contravention of Section 4(1) of said Act: CONTRARY to the Misuse of Drugs Act 1971, Section 4(3)(b)."

"on 11 and 12 July 2003 at Sauchiehall Street, The Willow Hotel, Renfrew Street, Tote Bookmakers, Cambridge Street, all Glasgow, on a bus travelling between Liverpool and Glasgow and elsewhere in Glasgow you KEVIN MICHAEL CONNOLLY were concerned in the supplying of a controlled drug, namely Diamorphine, a Class A drug specified in Part 1 of Schedule 2 to the aftermentioned Act, to another or others, in contravention of Section 4(1) of said Act: CONTRARY to the Misuse of Drugs Act 1971, Section 4(3)(b)."

"between 29 August 2003 and 4 September 2003, both dates inclusive, and between 22 December 2003 and 29 December 2003, both dates inclusive, at 75 Foresthall Crescent, at Littlehill Golf Club, Auchinairn Road, London Road, Flat 2/2, 90 Lenzie Street, 53 Acredyke Road, all Glasgow, and elsewhere in Glasgow you JOHN WALLACE were concerned in the supplying of a controlled drug, namely Diamorphine, a Class A drug specified in Part 1 of Schedule 2 to the aftermentioned Act, to another or others, in contravention of Section 4(1) of said Act: CONTRARY to the Misuse of Drugs Act 1971, Section 4(3)(b):

you JOHN WALLACE did commit this offence while on bail, having been granted bail on 5 September 2003 at Glasgow Sheriff Court."

"between 29 August 2003 and 4 September 2003, both dates inclusive, and between 22 December 2003 and 29 December 2003, both dates inclusive, at 75 Foresthall Crescent and Flat 2/2, 90 Lenzie Street, both Glasgow, and elsewhere in Glasgow you ROBERT CAMPBELL were concerned in the supplying of a controlled drug, namely Diamorphine, a Class A drug specified in Part 1 of Schedule 2 to the aftermentioned Act, to another or others, in contravention of Section 4(1) of said Act: CONTRARY to the Misuse of Drugs Act 1971, Section 4(3)(b)."

"I was advised that since November 2002 officers from the Scottish Drugs Enforcement Agency, Liverpool Major Crime Unit and the National Crime Squad were involved in Operation Fingertip which focused on suspected large scale dealing in heroin. Altogether approximately 45 officers from these agencies were involved in surveillance over a period of approximately 13 months in 108 separate surveillance operations which involved up to 25 officers at any one time. The cost of each surveillance unit was £2,500 per time. Initially the focus of the operation was on low level operations in Fife but attention turned to Robert Campbell as it was suspected that he was involved to a significant extent in heroin dealing. Officers suspected that Campbell and his associates had a connection with Liverpool based drug traffickers. The scale of the operation can be illustrated by the fact that the total amount of heroin recovered amounted in value to £1,150,000. In addition there was further evidence that Campbell and his associates had been involved with a further 10 kilograms of heroin with a street value of £1,000,000 which had been distributed. Thus there was physical evidence of involvement with £2.15m worth of heroin. I was advised that this was the third largest seizure in Scotland but the difference between this seizure and the two cases involving greater quantities and values is that in these two cases the heroin was intercepted thereby preventing its distribution to drug abusers. In the present case it was unfortunate that Campbell and his associates had managed to supply about £1m worth of heroin before their activities were curtailed by his detention.

Police officers received intelligence that Joseph Wright, would travel from Liverpool to Glasgow on 11 July 2003. On that date Wright was followed from Liverpool and kept under surveillance. In Glasgow he was observed meeting a person in the car park of Tesco Supermarket in Springburn. The person whom he met was seen to hand over a bag to him. The impression of the police officers observing this transaction was that the bag contained cash which was presumably payment for the drugs which featured the following day. Wright was followed from the Tesco car park to a telephone box in Ingram Street, Glasgow where he made a number of telephone calls. One of these calls was to the phone of Kevin Michael Connolly. Police enquiries revealed that the subscriber of that mobile telephone was a young girl in Liverpool who had given her telephone to Connolly's daughter. During the evening of 11 July the person who had given the package to Wright at the Tesco car park met Wright in a fast food outlet in Sauchiehall Street. Police officers suspected that Wright stayed overnight in Glasgow because his car was kept under surveillance and it remained unattended in Cambridge Street, Glasgow until the following day.

On 12 July 2003 Connolly and the former co-accused, Slaven, who was Connolly's partner, were monitored by CCTV cameras walking about the centre of Glasgow. At about 12.35pm Connolly and Slaven registered as guests at the Willow Hotel and paid £40 in cash for a double room. Connolly left the hotel later in the afternoon but the co-accused Slaven remained in the hotel room. At 2.20pm, Connolly was detained in the Tote Bookmakers, Cambridge Street, Glasgow. When he was asked if he had controlled drugs he said that he had heroin for his own use. It was noted that he had two packages in the waistband of his trousers. When he was asked what these contained he replied 'Amphetamine'. Following Connolly's detention he was taken to Stewart Street Police Station where he was searched and the packages removed from the waistband of his trousers. Apart from the two packages, Connolly was in possession of £193.20 in cash and a small package of heroin. The two packages were identified by drug squad officers as typical kilo packages of powdered drugs. When they were examined each package was found to contain two half-kilo packages. Two of the four half-kilo packages were chosen at random and, when weighed, were respectively 489.6 grams and 493 grams and when analysed, it was established that they contained diamorphine whose purity was 36%. Following the detention of Connolly police officers attended at the Willow Hotel and searched the hotel room which Connolly had occupied and in which Slaven was still present. Within a wardrobe police officers found a rucksack which was identified from CCTV film as having been in the possession of both Connolly and Slaven as they walked through the streets of Glasgow. Within the rucksack there was a brown taped package containing two smaller packages, each representing half a kilo of drugs. On analysis, these smaller packages were discovered to contain 491 grams and 490.3 grams of diamorphine with purities respectively of 35% and 36%. The rucksack also contained two further kilo packages, each containing two smaller bags. Two of the four smaller bags were selected at random and on analysis were discovered to contain 491.8 grams and 492.3 grams of heroin with purities respectively of 36% and 37%.

Prior to the detention of Connolly, Wright was observed driving his motor car into a lane near Sauchiehall Street at about 11.15am on 12 July 2003. At 11.37am Wright met Connolly in Sauchiehall Street. From the observations of police officers it appeared that Wright was giving Connolly instructions. After Connolly and Slaven went into the Willow Hotel, Wright was seen stopping his car outside the hotel and leaving it parked there for about ten minutes. Police officers followed the accused to Cambridge Street where he was seen to enter the Tote Bookmakers at 1.56pm. He left the bookmakers about five minutes later and went into a nearby public house. He returned to the bookmakers just as Connolly was entering the premises. Connolly appeared to be sweating heavily at that time. At 2.20pm Wright left the bookmakers just as police officers entered the premises and detained Connolly. Police officers observed Wright watching Connolly's detention and subsequent transport from the bookmaker's premises in a police vehicle. Five minutes later Wright was seen walking towards the Willow Hotel but on seeing police activity there he went to a telephone box in Sauchiehall Street and made a number of telephone calls. Thereafter he hailed a taxi which took him to a supermarket in Springburn Road. He made a number of telephone calls from his mobile phone and from the payphone at the supermarket. Police officers could see Wright. He looked 'panicked' and he was described as 'sweating profusely'. He was followed back to Cambridge Street at 3.30pm. He made a number of telephone calls from a telephone box and from his mobile phone. Police officers described his manner as "frantic". I was advised that people involved in drug trafficking at this level were accustomed to using different phones, both mobile and public telephones in an effort to cover their tracks. The total amount of heroin recovered on this occasion was five kilograms which had a value of £500,000.

The second chapter related to events on 4 September 2003. On 2 September 2003 police officers received confidential information that John Wallace, an associate of Campbell, might be involved in a forthcoming transaction. On that date Wallace was seen to take a taxi from his home to Littlehill Golf Club, which had been the focus of much of the police surveillance. On 4 September 2003, police officers received information that Wallace would be concerned in the supplying of controlled drugs on that date. Wallace was observed driving his motor car to Campbell's home and was observed entering it. At that time Campbell lived at 75 Foresthall Crescent, Glasgow. At 7.56am Wallace was met at the door of Campbell's house by Campbell who had been waiting for Wallace. When Wallace left Campbell's home he was followed by police officers. He parked his car and thereafter entered the driver's seat of a black taxi. Thereafter he drove the taxi to the car park of Wickes DIY Store, London Road, Glasgow. He was seen to emerge from his taxi and go to a burger van. He purchased an item and returned to his taxi. Thereafter he drove his taxi and parked it next to a white Mercedes van in the car park. This van had a sole occupant who was later identified as a man from Liverpool. The man from Liverpool emerged from the white Mercedes van carrying a Kwik Save bag which obviously contained something. He passed the bag through the window of the taxi to Wallace who then drove off. Wallace was followed and the taxi stopped. The bag which had been passed through the driver's window to Wallace was discovered hidden under a jacket in the front passenger footwell of the taxi. The contents of the bag proved to be three half-kilo taped packages weighing respectively 494.7 grams, 494.1 grams and 493.5 grams of diamorphine with respective purities of 38%, 39% and 37%. When Wallace was searched he had £330 in cash, mostly in £10 notes. Adjacent to the driver's seat of the taxi police officers found a mobile phone. Subsequent to the time of his detention the mobile phone recorded 11 missed calls from 'Bert'. When asked by police officers about this he told them that 'Bert' was someone he was due to play golf with. It later transpired from police investigations that the calls were made by Campbell to Wallace and were indicative of Campbell seeking to ascertain what had happened to the drugs. At interview Wallace denied any responsibility for the bag or its contents. The value of the heroin recovered on this occasion was £150,000.

The third chapter involved events surrounding 6 October 2003. Police officers were in receipt of information that Wright might be involved in the transportation of drugs to Glasgow on that date. Observations were maintained on Wright and a vehicle driven by him was stopped on Springburn Road by police officers. Under the front passenger seat of his car police officers found a carrier bag containing two kilo packages of drugs. Each kilo package contained two half-kilo packages. On analysis the four half kilo packages were found to contain heroin and weighed respectively 493.5 grams, 492.1 grams, 491.3 grams and 491 grams. The purity of one package was 28% and the other three had a purity of 27%. When asked about these packages Wright correctly stated that the weight was two kilograms but he maintained that they contained cannabis. At his formal interview Wright declined to comment. The total value of the heroin seized on this occasion was £200,000, making a total of £850,000 seized up to this point, all of which had been successfully taken out of circulation prior to distribution.

The final chapter related to events in December 2003. Police officers obtained information that Robert Campbell would be concerned in the supplying of controlled drugs on 29 December 2003. Prior to that date he had been under surveillance. On 29 December 2003 police officers were maintaining observations on Campbell's home at 52 Brookfield Drive, Glasgow. Campbell had moved there from 75 Foresthall Crescent in September 2003. Crown Production 179, photograph S, is a photograph of the house which was a newly built house and a former show house when it was purchased by Campbell. It can be seen that it is a substantial house. I was advised that it was lavishly furnished and among other things had a television set valued at £3,900. During the morning of 29 December Campbell left his house and was observed travelling to Flat 2/2, 90 Lenzie Street, Glasgow. Wallace and Campbell were observed leaving the tenement separately after a period of time. Wallace took a taxi which was stopped by police officers. Wallace was detained and asked if he had any drugs. He told police officers that they were down his trousers. When asked what type of drugs he had he said 'It's smack'. Campbell was also stopped by police officers. He had £950 in his trouser pocket, a blue mobile phone and a set of car keys. A detailed search of Wallace disclosed that in the waistband of his trousers he had six packages of heroin. Three of these were taken at random and found to weigh between 28 and 29 grams. In his left sleeve there were seven separately wrapped packages, one smaller than the other six. The other six packages weighed between 14.1 and 14.4 grams each. A further six separately wrapped packages were found in his right sleeve weighing between 28.8 grams and 29 grams. The total weight in his possession was approximately 450 grams and at least 18 of the packages were ready for distribution. Wallace was taken back into the flat at 2/2, 90 Lenzie Street after the drugs were removed from him. Within the flat the police found what was in effect a distribution centre for heroin at that address. It was what police call a 'chopping shop'. The flat was relatively sparsely furnished and amongst other things found included two silver-taped wrapped packages each representing one kilogram of controlled drugs. On further analysis they were found to contain 1003 grams and 998.3 grams respectively of heroin with respective purities of 15% and 16%. Police officers considered that the reason for the lower level of purity on this occasion represented an effort to recoup some of the earlier losses associated with the seizures in July, September and October. In the flat police also recovered eight bags of heroin, each containing between 14.2 and 14.4 grams representing 15 gram deals. They also recovered 12 bags of heroin, each containing approximately 30 grams. Thus in the flat there was recovered approximately two and a half kilos of heroin which, taken along with the 450 grams found in the possession of Wallace, represented almost three kilograms of heroin recovered on this occasion. The packages found on Wallace matched the manner in which the drugs in the flat were packaged. In addition, within a bin bag in the kitchen police officers found numerous bits of cut polythene bags which had been used to make drug wraps. They also found ten empty taped packages. I was shown a video recording of the search of the flat from which I could see that a very large number of bags had been used to package drug deals. I was advised that the remnants of some of the polythene bags matched the pieces of polythene bags containing drugs which had been found in Wallace's possession. The video also showed police offers recovering silver-taped packages from the bin bag. These packages had been cut to enable their contents to be emptied from them. It could be seen that each package had formed a block and police officers confirmed that the size and shape of the package was typical of the manner in which one kilogram of powdered drugs was packaged. Ten empty wrappers were found in the bin. Within the wrappers traces of heroin could be seen, indicating that ten kilograms of heroin had been processed and distributed. I was advised that the cost of a kilogram of heroin was £20,000 but that the retail value was £100,000. Accordingly it appeared that £1m worth of heroin had been distributed from this flat. If the three kilograms found in the flat or in the possession of Wallace is added to the other heroin recovered in the earlier chapters, the total value of heroin recovered and taken out of circulation before distribution was £1.15m whereas the evidence of the empty wrappers disclosed that at least £1m worth of heroin had been distributed from the flat representing an operation worth £2.15m. These values were based on the assumption that the heroin was not diluted further. If that occurred then the anticipated turnover of the business would be higher. Within the flat there was also found electronic scales under a mattress in one of the bedrooms and rolls of polythene bags. Wallace's home at 53 Acredyke Road, Glasgow was searched and police officers found approximately £5,550 in cash.

Campbell's house was also searched. In the loft police officers found £9,980 in cash which his wife stated belonged to Campbell. Under a wall unit in the livingroom police officers found £1,800 in coins. They also recovered a bank card in the name of Wallace and a note of the telephone number of Wright. The bank balance for Campbell's current account was £7,000 in credit. Both Campbell and Wallace were interviewed, Wallace being interviewed for the second time. Wallace explained that he had been given the key for the flat at 2/2, 90 Lenzie Road but would not say from whom. He admitted that he was to collect drugs from the flat and claimed that he had only been in the flat for about ten minutes and that no-one else had been inside when he was there. When police officers advised him that Campbell had been seen entering the flat and leaving it about a minute before him, Wallace claimed that he had not seen anyone else in the flat. Initially he also said that he did not know Campbell but later changed his story to say that he was someone he played golf with. He claimed to have visited the flat on only one occasion but he had been observed coming in and out of the flat previously.

Campbell told police officers at interview that he was unemployed and lived at 52 Brookfield Drive, Glasgow. When he was told that he had been seen visiting the flat in Lenzie Road, he declined to comment. He stated that he knew Wallace as a golf partner but was unable to explain the presence of Wallace's bank card in his home. He claimed that the cash in his house was the proceeds of gambling wins. Police officers had obtained information from the former owners of the Lenzie Street flat that Campbell purchased the flat from them in summer of 2003 and gave them £30,000 in cash. Campbell was observed delivering furniture there in December 2003. It is clear from his paying for the flat in cash and his dealings with the flat that Campbell was closely associated with it whatever the title deeds may say. Although Campbell was not claiming benefits, he was not working. When Campbell appeared for full committal at Glasgow Sheriff Court on 7 January 2004, his position in respect of the flat had changed. He made a judicial declaration in the following terms:-

'On the day of the arrest, the 29 December ah'd took aerial up to that flat to be fitted in wi a TV and also look at a fridge and ah fixed the TV and then ah went in to see the fridge and ah seen Mr Wallace and another man in the kitchen and ah walked over to see what they were doing and ah says 'What the fuck are yous up to ya bastards, yous'. When ah seen what it was, it was drugs, and ah told them to get tae fuck oot the flat and ah walked away. I just got oot the flat because I didnae know. I just panicked ye know.'"

In respect of Joseph Wright: 21 years imprisonment with effect from 28 July 2004, no discount being given for his plea of guilty.

In respect of Kevin Connolly: 12 years imprisonment with effect from 28 July 2004, discounted from 13 years for his plea of guilty.

In respect of John Wallace: 19 years imprisonment with effect from 29 December 2003, discounted from 20 years for his plea of guilty and with 6 months attributable to the bail aggravation.

In respect of Robert Campbell: 21 years imprisonment with effect from 8 March 2004, discounted from 22 years for his plea of guilty.

Joseph Wright

"You are no stranger to the courts. You have 29 previous convictions involving 43 offences, although none of them are drugs offences. You have served prison sentences for offences of dishonesty including robbery, theft by housebreaking and theft. Your role in this criminal enterprise was significant. You were responsible for the delivery to Glasgow from Liverpool of large quantities of heroin. You received the cash in advance for such deliveries as evidenced by your activities on 11 July 2003. Having been paid earlier that day you met the customer that evening presumably to finalise details of delivery the following day. You arranged for others to transport the heroin from Liverpool and gave instruction to them upon their arrival in Glasgow as evidenced by your actions in regard to Connolly on 12 July 2003. You supervised Connolly by driving to his hotel and thereafter going to the bookmakers for the delivery. On that occasion you were responsible for five kilos of heroin and received an unspecified sum of money. Your actions subsequent to Connolly's arrest in attempting to avoid detection by making phonecalls from different locations confirm that you were no pawn in this matter. Your later involvement on 6 October with two kilos of heroin worth £200,000 confirms the fact that you were a major player in this enterprise, prepared to continue with it notwithstanding the setback in July. I consider that your involvement is at least as significant as that of Campbell as it was accepted that you played a principal role from the Liverpool end. The only distinction relates to record. Although you have previous convictions, none of them relate to drug dealing. The appropriate sentence in your case is 21 years imprisonment. I shall not grant any reduction having regard to the fact that the plea of guilty was not offered until after the trial commenced."

Kevin Connolly

"Although you have previous convictions they are all for dishonesty and you have never served a custodial sentence. Your role in this affair is less significant than the others but it was still an essential role in the chain of supply of controlled drugs. Drug dealers depend upon couriers for the transportation of the drugs. Couriers should be under no illusion that they face heavy sentences in Scotland if they are caught transporting controlled drugs, particularly Class A drugs. Your role was greater than that of the courier who simply transports drugs on one day from one place to another. You were entrusted, albeit under the watchful eye of Wright, with five kilos of heroin worth £500,000. You were obviously expected to make several deliveries because on the day of your arrest you had taken two kilos to deliver to someone but left the remaining three kilos in your hotel room, presumably to deliver to others."

"Prior to your arrest in September you only had a minor conviction for a non-analogous offence. I shall treat you as a first offender. Having said that, it is clear that you played a significant role in this criminal venture. It was accepted on your behalf that you and the first accused were equally culpable as far as this enterprise was concerned. You collected one and a half kilos of heroin on 4 September. Despite being arrested and charged and released on bail, you continued to play an active role in the distribution of heroin in Scotland. You were involved in the sub-division, packaging and distribution of this controlled drug on a large scale including the distribution of at least 10 kilos worth £1m onto the streets of Glasgow and perhaps other towns and cities in Scotland. Your involvement in December was aggravated by the fact that you were on bail at the time. In your case this is an indication of your assessment of the risk of detection balanced against the benefits to be achieved from your criminal activity. As in the case of Campbell I wish to send out a message to dealers at your level that the penalties are high even for first offenders. Having regard to the fact that it was accepted by you that your culpability is equal to that of Campbell, the only distinction being your lack of previous convictions, and also having regard to the fact that you continued with your activities when on bail, the appropriate sentence would have been 20 years imprisonment but in view of the plea of guilty I shall restrict it to 19 years imprisonment of which six months is attributable to the bail aggravation."

The sentence was backdated to 29 December 2003 to take account of the period the appellant had spent in custody.

"You were clearly the ringleader in Scotland of this operation in which heroin was brought in bulk from Liverpool to Glasgow to be cut into smaller deals for onward sale. Although unemployed you purchased an expensive house as well as paying £30,000 in cash for the flat where the drugs were sub-divided for sale and you had significant quantities of cash in your house and in a bank account. Your assets are the subject of other proceedings but they are indicative of the scale of your involvement in this evil trade. There was evidence in the flat at Lenzie Street of 10 kilos of heroin having been sub-divided and distributed. It is also clear from the manner of the packaging of the drugs found in the possession of Wallace when he left that flat that you were involved in dealing in varying quantities including some as small as 14 grams. Not only were you the ringleader in Scotland of this major distribution network for heroin but you also committed these offences when you were on licence. On 19 June 2000 you were convicted of an identical offence of being concerned in the supplying of controlled drugs and sentenced to four years imprisonment back-dated to 9 March 2000. Your licence was revoked in January 2004 and expired on 8 March. Moreover, despite the seizure from your co-accused Wallace of one and a half kilos of heroin worth £150,000 on 4 September, you persisted in the distribution of heroin until your arrest. Your conduct illustrates that you and your kind consider the risk of detection is justified by the financial gain to be achieved from this trade. The time has come for the courts to redress the balance and to make the risks less attractive. The appropriate sentence would have been 22 years imprisonment. I shall discount that sentence to reflect the last minute plea. You will go to prison for 21 years back-dated to 8 March 2004."