Namandje rubbishes cocaine search warrant
Defence lawyer Sisa Namandje has questioned the validity of a search warrant used during a 412kg cocaine bust at the port of Walvis Bay in June.
He argued in the Walvis Bay Magistrate's Court yesterday, where suspects Grant Noble (36) and Dinath Azhar (62) are fighting for bail that the search warrant was issued after 12:00, when the seal of the container had already been broken and the suspicious powder already discovered.
“No search warrant existed when the container was opened. The search was conducted without a search warrant and the one that was subsequently issued is irrevocably bad.” He argued anything discovered in such a search should thus be disregarded.
“The perquisites of search warrants should be valued. The State has dirty hands and the Namibian police actually committed fraud to obtain the search warrant. If the person who issued the warrant was called to testify he/she would most probably end up in jail.”
Magistrate Ilge Rheent will rule on Friday whether Noble and Azhar will be granted bail.
Prosecutor Salomon Kanyemba, as well as defence lawyers Namandje, Jan H. Wessels and Sacky Khadhila-Amoomo, concluded their arguments yesterday.
Wessels previously informed the court Noble could afford N$50 000 bail and was prepared to adhere to strict bail.
Azhar said he could raise between N$30 000 and N$50 000.
Wessels argued that 50% of murder accused in the country are out on bail.
“We cannot deny that the charges against our clients are serious. The granting of bail, however, depends on the strength of the State's case and in this instance the state does not even have a prima facie case.
“There is no evidence. My client was not present when the container was loaded in Brazil and it cannot be entertained that he wanted to be in control of it,” Wessels said.
Namandje emphasised the State did not have a strong case for opposing bail and had not submitted evidence that the accused would abscond should they be granted bail.
“We cannot keep people in custody as punishment, only for them to be acquitted in two years' time. This is not in the interest of the public, of which the accused are members,” Namandje argued.
“Everybody assumed there was a case. The evidence brought by the investigator was disastrous and scandalous. The State should lead sufficient evidence and fundamentally failed to begin to produce such.”
He further dismissed the National Forensic Science Institute (NFSI) of Namibia lab report submitted by the State as a worthless piece of paper.
“Only 2kg of an estimated 214kg was tested. The report also does not provide the percentage of the so-called prohibited substance that was discovered in the container.”
Kanyemba said the State was opposing bail due to the seriousness and strength of its case, the risk of the offenders absconding and public interest.
The State also fears the accused will interfere with the incomplete investigations and witnesses, and that there was a strong possibility they could commit similar offenses if granted bail.
“It is farfetched for the defence to expect of the State to prove its case during a bail hearing. We are not here to determine the guilt of the accused. The accused consented to the container being search and this was done in their presence.”
Kanyemba pointed out that customs and excise officials have the power to inspect goods without a search warrant.
“The suggestions by my learned colleagues that this is not the case do not hold water. The involved police officers went an extra mile to obtain a search warrant. The accused went and collected the cargo. The second accused deliberately opted to be a silent partner, in order to hide and circumvent the consequences of being caught.”
Kanyemba said further the doctor who conducted the laboratory tests would testify in court when the time was right and could be cross-examined.
“The NSFI report, however, confirms that the contents of all the boxes are actually cocaine. This evidence will be presented during trial.”
He emphasised the prosecutor-general has the power to bring charges and was well aware of what needed to be done.
“The State is not required to prove its case above reasonable doubt at this stage. We could add more charges related to racketeering and money laundering, as well as change the charges as the investigation progresses. The fact is that the accused imported cocaine.
“The 400 boxes imported from Brazil are the same that arrived in Namibia. The evidence we will present will point to the two accused persons.
“There is no way out for the accused and the State is confident they will be found guilty in due course,” Kanyemba said, adding it was also clear that an international syndicate was at work.
“There are more people than the two accused involved. Four men attempted to bribe custom officials and the fact that they had papers from Family Fresh in their possession links the accused to these persons. They are also hell-bent on frustrating the investigation.”
OTIS FINCK
He argued in the Walvis Bay Magistrate's Court yesterday, where suspects Grant Noble (36) and Dinath Azhar (62) are fighting for bail that the search warrant was issued after 12:00, when the seal of the container had already been broken and the suspicious powder already discovered.
“No search warrant existed when the container was opened. The search was conducted without a search warrant and the one that was subsequently issued is irrevocably bad.” He argued anything discovered in such a search should thus be disregarded.
“The perquisites of search warrants should be valued. The State has dirty hands and the Namibian police actually committed fraud to obtain the search warrant. If the person who issued the warrant was called to testify he/she would most probably end up in jail.”
Magistrate Ilge Rheent will rule on Friday whether Noble and Azhar will be granted bail.
Prosecutor Salomon Kanyemba, as well as defence lawyers Namandje, Jan H. Wessels and Sacky Khadhila-Amoomo, concluded their arguments yesterday.
Wessels previously informed the court Noble could afford N$50 000 bail and was prepared to adhere to strict bail.
Azhar said he could raise between N$30 000 and N$50 000.
Wessels argued that 50% of murder accused in the country are out on bail.
“We cannot deny that the charges against our clients are serious. The granting of bail, however, depends on the strength of the State's case and in this instance the state does not even have a prima facie case.
“There is no evidence. My client was not present when the container was loaded in Brazil and it cannot be entertained that he wanted to be in control of it,” Wessels said.
Namandje emphasised the State did not have a strong case for opposing bail and had not submitted evidence that the accused would abscond should they be granted bail.
“We cannot keep people in custody as punishment, only for them to be acquitted in two years' time. This is not in the interest of the public, of which the accused are members,” Namandje argued.
“Everybody assumed there was a case. The evidence brought by the investigator was disastrous and scandalous. The State should lead sufficient evidence and fundamentally failed to begin to produce such.”
He further dismissed the National Forensic Science Institute (NFSI) of Namibia lab report submitted by the State as a worthless piece of paper.
“Only 2kg of an estimated 214kg was tested. The report also does not provide the percentage of the so-called prohibited substance that was discovered in the container.”
Kanyemba said the State was opposing bail due to the seriousness and strength of its case, the risk of the offenders absconding and public interest.
The State also fears the accused will interfere with the incomplete investigations and witnesses, and that there was a strong possibility they could commit similar offenses if granted bail.
“It is farfetched for the defence to expect of the State to prove its case during a bail hearing. We are not here to determine the guilt of the accused. The accused consented to the container being search and this was done in their presence.”
Kanyemba pointed out that customs and excise officials have the power to inspect goods without a search warrant.
“The suggestions by my learned colleagues that this is not the case do not hold water. The involved police officers went an extra mile to obtain a search warrant. The accused went and collected the cargo. The second accused deliberately opted to be a silent partner, in order to hide and circumvent the consequences of being caught.”
Kanyemba said further the doctor who conducted the laboratory tests would testify in court when the time was right and could be cross-examined.
“The NSFI report, however, confirms that the contents of all the boxes are actually cocaine. This evidence will be presented during trial.”
He emphasised the prosecutor-general has the power to bring charges and was well aware of what needed to be done.
“The State is not required to prove its case above reasonable doubt at this stage. We could add more charges related to racketeering and money laundering, as well as change the charges as the investigation progresses. The fact is that the accused imported cocaine.
“The 400 boxes imported from Brazil are the same that arrived in Namibia. The evidence we will present will point to the two accused persons.
“There is no way out for the accused and the State is confident they will be found guilty in due course,” Kanyemba said, adding it was also clear that an international syndicate was at work.
“There are more people than the two accused involved. Four men attempted to bribe custom officials and the fact that they had papers from Family Fresh in their possession links the accused to these persons. They are also hell-bent on frustrating the investigation.”
OTIS FINCK
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