WINDHOEK – The unavailability for the fourth time of laboratory results in a case of alleged dealing in cocaine resulted in the case being withdrawn.
Although the withdrawal is only “provisionally” it’s a rare occurrence that a suspect is re-summoned on the same charges after the State gets its house in order.
This is third time lucky for Charlton Blaauw better known as ‘Shoetas’ as two previous cases for the same offence were also withdrawn for exactly the same reason.
When he asked for the withdrawal, Boris Isaacks, Blauuw’s legal representative said that the courts should take a stance against the police for not producing results in time.
He said that during the bail application in 2013, Chief Inspector Barry de Klerk from the Drug Law Enforcement Unit promised that the lab results would be available in two months, but this did not happen.
“Such shoddy police work puts a financial strain on accused persons, especially those who hire private lawyers,” Isaacks said.
Magistrate John Sindano agreed with Isaacks and left state prosecutor Nasilele Siyambango with no choice but to ask for a provisional withdrawal.
Blaauw’s N$15 000 bail was refunded to him.
Blaauw was allegedly caught with 10 units of crack cocaine and 2.5 grams of cocaine during an undercover operation involving the Chief of the Drug Law Enforcement Unit, Deputy Commissioner Hermie van Zyl.
The drugs have an estimated street value of N$2 250.
During a previous appearance when Alexandra Amoo who stood in for Isaacks already asked for the matter to be withdrawn, Magistrate Hileni Kavara who heard the case ruled that it was in the interest of society that a guilty person should not evade conviction by reason of an oversight or a mistake that can be rectified.
She said that the court had taken cognisance of the fact that the matter had been postponed already twice for laboratory results and that the results were still not available.
But, she said, the accused stood accused of dealing in cocaine, which is a serious offence, and the court deemed that it would not be in the interest of society as well as the administration of justice if the matter was to be provisionally withdrawn at that stage.
By Roland Routh