Magistrate orders Berlin held in custody until early June

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The Daily Examiner on 17 May 2011:

John Xavier Berlin is in jail.

An advertisement placed by Berlin in a Clarence Valley newspaper earlier this month was deemed by Magistrate David Heilpern in Grafton Local Court yesterday as a breach of bail.

Berlin, 62, of Maclean, already on a 12-month good behaviour bond for offences of impersonating police last year, had last month been granted bail on 14 other criminal charges, many involving impersonating police.

But an ad in the Clarence Valley Review's Memoriam classified section in early May, a dedication to a police constable who was killed on duty in Sydney in 1989, stated that it had been inserted by former NSW Police Commissioner Peter Ryan and "former Australian Police DCI John Xavier Berlin - shot 28.12.96".

Berlin, through his barrister David Imlah, denied placing the advertisement.

Mr Imlah said Berlin suffered "difficulties" in his lumbar spine, was on heart medication and suffered from a psychiatric disorder which was not named in court.

"Mr Berlin is a very unusual man and I find it very difficult to represent him at times," he said.

Police prosecutor Mark Sinclair outlined an email trail showing that Berlin had in fact paid for the ad in question.

"This accused is thumbing his nose at the courts," he said.

Mr Heilpern said the prosecution had a very strong case.

"Who else has a vested interest in claiming that he was shot on duty? Who else would pay money to claim that he was a DCI (detective chief inspector)? The answer is, of course, that nobody does," Mr Heilpern said.

"Mr Berlin lives in some parallel universe in which, again, someone has conspired to place an ad in a local paper.

"It's a world of fantasy and make believe and he is seeking to hoodwink the court.

"Police contacted the ex-police commissioner Peter Ryan in the UK and he denied all knowledge of the placement of that ad."

Berlin was denied bail and will next appear in Grafton Local Court on Monday, June 6, at which point, Mr Heilpern said, the court would re-evaluate the situation.

Berlin's charges include using a police insignia, making a false statement to obtain money, and making false accusation subject other to investigation.