Blunders free accused in dagga case

Lebogang Mosikare | Tuesday May 27, 2014 15:43

 

Tshekiso told Chief Magistrate Gaedupe Makgatho last week that he does not object to the application made by the state to withdraw the matter.

Earlier, state prosecutor, Mandla Simon had told the court of the discrepancies in the matter in which the six, who were jointly charged with possession of a greenish plant suspected to be dagga, had been freed from the case.

Simon said he received a savingram from the officer in charge of drug and narcotics division of Botswana police to withdraw charges against the accused. He said the savingram talked of “numerous discrepancies after the suspected dagga was seized from the accused at Area A last year”. According to the savingram, the accused were found in possession of four woven sacks, two multi-coloured bags, white bucket and multi-coloured plastic bags containing plant material suspected to be dagga.

The exhibits were then sealed and sent to the police laboratory for analysis.  “The forensic officer Monica Jacklas was not pleased with the way the four sack exhibits were labelled and sealed because they could not be inserted into a larger exhibit paper bag.

Detective Sergeant Modibedi who took the exhibits to the laboratory contacted Jacklas for assistance, read the savingram. 

“He was advised that he should insert the police evidence paper on the woven sacks and attach them together using a cello-tape and then stick the police seal across them,” it stated.

Read the savingram: “They were then sent back for resealing in the presence of the accused.  The woven sacks were sealed as per the advice given by the forensic officer.

“On 10 of October last year, Modibedi took the exhibits labeled G, H, I and J to the laboratory. The exhibits were declared not sealed by Jacklas who emphasised that the laboratory could not accept them as evidence.

“It was negotiated that despite the sacks being improperly sealed, they should be examined and an affidavit issued to that effect.”

“The affidavit’s contents showed that the exhibits were not sealed. The exhibits were sent to Botswana Bureau of Standards (BOBS) for weighing and the certificate issued reflected that the total weight of the material was 147,859 kilogrammes,” stated the savingram. The discrepancies were that there were alterations made at the laboratory by the forensic officer and the officer took the exhibits to the laboratory in the absence of the investigating officer and suspects. Also, the exhibits G, H, I and J were declared not sealed by the forensic laboratory analyst and therefore this destroys the strength of the case.

The savingram went on to say the affidavit itself cannot be produced before court as evidence in that state along with confusing markings in the weight certificate.

“The last discrepancy is that the exhibits are now torn apart and are not in the original state of seizure.  The police are of the view that to proceed with the matter when exhibits are in this state will be a waste of time, resources and an embarrassment,” said the savingram.

Makgatho’s task thereafter was to declare the closure of the matter and the release of the accused.