Dietrich V The Queen - Background To The Case

Background To The Case

On 17 December 1986, the accused, a career criminal named Olaf Dietrich, flew from Bangkok, Thailand to Melbourne Airport. He had imported at least seventy grams of heroin, which he concealed within condoms that he had swallowed. He was arrested the next morning by the Australian Federal Police, who searched his flat and found one of the condoms in the kitchen, and some heroin in a plastic bag under a rug in another room. He was taken into custody, and passed the remainder of the condoms during the night at the hospital in Pentridge Prison. Dietrich alleged that the drugs had been planted by the police.

Dietrich was tried in the County Court of Victoria in 1988 for a trafficking offence under the Customs Act 1901 and certain less serious charges. During the lengthy trial the accused had no legal representation. Although he had applied to the Legal Aid Commission of Victoria for assistance, they said that they would only help him if he pleaded guilty, an option which Dietrich did not want to take. He applied to the Supreme Court of Victoria for legal assistance, but was again turned down. Although Dietrich was acquitted of the fourth charge—regarding the possession of a quantity of heroin separate to that which was involved in the first three charges—he was convicted of the principal charge in the County Court. Dietrich brought an appeal in the Supreme Court, but that court refused to hear his appeal. He then sought leave to appeal to the High Court of Australia.