Source: Drug kingpin challenges legality of search warrant | The Herald September 5, 2017
Fungai Lupande Senior Court Reporter
An ex-British soldier suspected of manufacturing dangerous drugs at his home has applied for exception saying he is being unfairly and illegally charged.
Through his lawyer Advocate Sylvester Hashiti, James Francis Joscelyne (39) seeks to have the charge squashed because the police unlawfully acquired information.
He submitted that the search warrant by the police is illegal and inadmissible and should be excluded. “Therefore, this means that there is no charge and no reason for trial,” said Adv Hashiti.
“The search warrant was obtained in terms of Section 54 of the Criminal Procedure and Evidence Act instead of Section 50 of same Act. The search warrant bears a date of July 19 yet the search was conducted on the 20th. The manner in which the police conducted the search was not according to the law.
“The police violated the accused’s constitutional right to privacy. You cannot have your home, possessions and communications interfered with. The case is foul by all means. The accused was warned on the charge, or possession of cocaine, but in court he is charged with dealing with dangerous drugs.”
Prosecuting, Mr Gorge Manokore opposed the application saying Adv Hashiti did not address the court on whether or not his client is linked to the offence. “When the police go to search, they are acting on information to recover an offence. They then charge a person based on what they find during the search,” argued Mr Manokore.
“When an accused is brought before the court prosecution can prefer a different charge against the accused. A police officer Brighton Samanera said they obtained the tip-off on July 18 and went to search on the 20th. The warrant was obtained before the search.”
Harare magistrate Mr Hoseah Mujaya will make a ruling on September 6. It is alleged that on July 20 the CID Drugs and Narcotics went to Joscelyne’s house in Marion Close, Glen Lorne, in Harare after receiving a tip-off that he was manufacturing drugs.
The house was searched and the police allegedly recovered two sachets containing a whitish powder suspected to be cocaine in Joscelyne’s bedroom. The sachets weighed 8,5 grams and have a street value of $640.
They also recovered 43 green ecstasy tablets with a street value of $129. Upon being quizzed, Joscelyne led the police into his kitchen where a bowl containing ecstasy powder and several empty plastic packages were recovered.
It is alleged that his bedroom was searched again and the police recovered two drug processing machines, a single punch pill maker and a dagga compressing machine.
The court heard that Joscelyne was also in possession of micro-crystalline cellulose used in pharmaceutical tablet making. Green and pink food colourants for the pills were also found in the bedroom as well as 300 empty capsules.
Joscelyne is a former British Army soldier attached to the Queen’s Regiment.
He retired in 2002 before moving to Zimbabwe.
COMMENTS