James Anthony McCabe, 39, was due to stand trial yesterday on armed robbery and drugs charges in the NSW District Court. But he agreed to plead guilty to a lesser charge of robbery in company, with the drugs charges to be considered only as an aggravating factor when he is sentenced. McCabe, a Victorian police officer on secondment to the National Crime Authority, was charged after a NSW Police Integrity Commission investigation in 2004. The commission heard evidence from several NCA informants that McCabe and his partner, former NSW police officer Samuel John Foster, set up drug deals and stole cash and drugs in phony busts. Foster and McCabe were investigating Asian organised crime for the NCA, now the Australian Crime Commission. "The methodology involved was to arrange a purchase of prohibited drugs from a person known as a drug trafficker," a statement to the court said. "As the deal was finalised, Foster would arrive with another person and pretend to arrest those present. "Foster would then persuade the drug trafficker his primary interest was in arresting (the informants) . . . and he was prepared to ignore and go easy on the drug trafficker. "On the basis that the loss of drugs was preferable to arrest, the drug trafficker would be willing to cut his losses and depart without the drugs or monies." McCabe yesterday admitted his role in one such bust, involving the theft of a "significant" quantity of methylamphetamine (speed) in 2002. McCabe fled to Cambodia after the PIC hearings and was informally extradited to stand trial last year. His barrister, Louise McManus, applied yesterday for the trial to be permanently stayed, arguing Cambodian and Australian authorities had not followed due process in returning McCabe to Australia. Judge Michael Finnane dismissed the application. McCabe was released on continuing bail until a sentencing hearing on July 11. Foster was jailed in December to a maximum of 7 1/2 years for drug, robbery, deception and corruption offences.
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