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Accused acquitted because valuation, search and seizure, and chain of custody were defective.
* Criminal law – unlawful possession and dealing in government trophies – burden to prove particulars including equivalence and valuation of tusks. * Evidence – valuation evidence and exchange rate must be substantiated. * Search and seizure – correct statutory basis (section 38 vs 42 CPA), authenticity of certificate of seizure and contradictions undermine admissibility. * Chain of custody – broken where search/seizure procedures are defective. * Confession – extra-judicial statement must contain admissions of essential ingredients to be admissible.
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