Alleged drug dealer defeats Director of Housing after heroin trafficking charges

Residents are living in fear of an alleged heroin dealer that can’t be kicked out of public housing because its too difficult to rehome her.

The woman was charged twice with drug trafficking in June last year and April.

Housing commission residents living in fear of an alleged drug dealer must continue residing side-by-side with the accused criminal because it is too difficult to rehome her.

The Victorian Civil and Administrative Tribunal stepped in this month to block a termination and possession order by the Director of Housing to kick out the 64-year-old woman after she was charged by police with trafficking heroin in June last year and again in April.

The woman cannot be named because her criminal matters are before the court.

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But the tribunal heard scores of people visited the unit at “all times of the day” while police kept tabs on the address over a number of months.

When they raided her apartment, which is located near a primary school and sits within a complex for older, vulnerable residents, they allegedly discovered 15.86g of heroin — more than five times the trafficable quantity — and more than $7000 of cash suspected to be the proceeds of crime.

Further public housing that is home to about 4000 other residents including young families is nearby.

The tribunal heard the woman’s daughter had admitted to selling drugs to support her own habit.

In their submission to the tribunal, a housing manager said they received numerous complaints every day about drug use and dealing at the estate.

It had got to the point elderly residents were “afraid for their safety” and parents were too frightened to let their children go outdoors.

Tribunal member Margaret Harvey noted about 60,000 Victorians were currently on the waiting list for public housing and units such as the one the woman resided in, which had been designed to accommodate people with disabilities, were highly sought after.

But she said evidence from Launch Housing that it would be difficult to rehouse the woman, who suffered from a number of medical conditions and was still on remand at the time of the hearing in May, would be difficult due to lack of funding and the Covid-19 pandemic.

“Due to the severity of the Covid-19 pandemic resources to assist people such as the respondent are under significant pressure and there is a risk of homelessness for the respondent,” the tribunal heard.

The tribunal also heard the woman’s daughter, who stayed with her in the unit, had admitted to selling drugs to support her own habit.

There was no evidence the woman used the drug herself or had any prior problems at previous housing estates she’d resided at over the years.

But while Ms Harvey said it was difficult to believe the woman’s evidence that she didn’t know about her daughter’s criminal activity, she refused to allow the woman to be turfed out at the housing director’s request.

And she said made a compliance order to forbid the woman from allowing her daughter to visit or stay at the property.

The woman was permitted to keep her unit despite the tribunal finding her evidence that she did not know dealing was taking place was less than credible.

“It is reasonable to infer that neighbours would be afraid to have apparent drug users around their units and coming to the rented premises regularly,” Ms Harvey said.

“(But) taking into account all the evidence … I am persuaded that the making of a compliance order is reasonably available instead of making a termination and possession order.”

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Originally published as Alleged drug dealer defeats Director of Housing after heroin trafficking charges