High Court Corruption and Economic Crimes Division - 2025 June

7 judgments
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7 judgments
Citation
Judgment date
June 2025
Discrepancies in location and identification led to the acquittal in a narcotic drugs trafficking case.
Criminal law – Trafficking in narcotics – burden of proof – discrepancies in location and identification – reliability of documentation
27 June 2025
Inconsistencies in evidence and chain of custody led to acquittal in narcotic trafficking case.
Criminal Law – Narcotic Drug Trafficking – Chain of Custody – Consistency of Identifications – Standard of Proof in Criminal Trials.
26 June 2025
The prosecution failed to prove beyond a reasonable doubt the accused's guilt in narcotic drug trafficking.
Criminal Law – Drug trafficking – Trafficking in narcotic drugs – Search and seizure procedures – Importance of independent witness.
20 June 2025
Accused convicted and sentenced to life for trafficking 216kg cannabis; seizure, analysis, destruction and chain of custody upheld.
Criminal law – Narcotic drugs – Trafficking – Seizure and search without warrant in exigent circumstances; Certificate of Seizure as evidence; Government Analyst’s LC‑MS report admissible and conclusive; lawful destruction procedure and chain of custody upheld; mandatory life sentence under Drugs Act.
17 June 2025
Conviction for trafficking upheld: emergency search lawful, analyst confirmed 202kg cannabis; mandatory life sentence imposed.
Drug offences – Trafficking in cannabis sativa – Emergency search and seizure exceptions under CPA – Use of police officer as witness in uninhabited area – Government Chemist analyst report conclusive under DCE Act – Compliance with statutory disposal procedures and chain of custody – Mandatory life sentence under DCE Act.
17 June 2025
Court granted ex-parte restraining order over house alleged to be proceeds of drug trafficking.
* Proceeds of Crime Act (POCA) – ex-parte restraining orders under s.38; * Drug trafficking – confirmation by Government Chemist (684.32 kg cannabis) as basis for 'serious offence'; * Tainted property – acquisition shortly before/after alleged offence and sale agreement as evidence; * Relief – restraining order preventing disposal and prohibiting local authorities from authorizing transfers pending further action.
12 June 2025
Drug identity and custody proved, but inconsistencies and omissions left reasonable doubt, resulting in acquittal.
* Criminal procedure – emergency search powers – section 42 CPA – seizure at accident scene. * Evidence – expert analysis – GCLA report conclusive under Drugs Act. * Evidence – chain of custody – oral and documentary proof acceptable where credible. * Drugs law – statutory requirements for inventory and destruction under section 36 DCEA and Regulation 14; right of accused to be heard. * Standard of proof – inconsistencies and failure to call material witness created reasonable doubt, warranting acquittal.
6 June 2025