The credibility of the police investigation took centre stage in the Rehoboth Magistrate's Court when defence lawyer Winnie Christians accused investigators of presenting a version of events that "does not exist" in the bail hearing of Naomi Fisch.
Advocate Winnie Christians focused much of his questioning on the police operation that led to Fisch's arrest, challenging the logic and credibility of the search conducted at the house where drugs were allegedly being sold.
He put it to Detective Inspector Pendukeni Nghuluwa that police officers spent between five and seven minutes outside the house before entering, creating ample time for any occupants to destroy or conceal evidence.
Christian said that if drugs were to be swallowed, chewed, hidden, or flushed, this could have been done at any point during that period and not necessarily when police later claimed a toilet was flushed.
Nghuluwa agreed that it would have been possible for evidence to be disposed of during that time.
Christians then put it to the court that the version presented by the police was fabricated, noting that the State had never put it to the accused that officers would later testify about someone flushing a toilet.
Under questioning, Nghuluwa testified that only two "bankies" of cannabis were found on the ground.
However, he could not recall whether these were found inside the shack or outside.
Christians pressed him on this uncertainty, arguing that it weakened the State's case.
The defence also questioned the alleged discovery of a crack cocaine pipe, which Nghuluwa said was made of steel.
Christians asked where the pipe was and why no photograph of it had been presented.
Nghuluwa responded that not all items were photographed due to problems with the cell phone used by officers, which he said was running out of battery.
He further testified that the pipe was placed on a table with other items that were photographed but conceded that no image of the pipe itself was taken.
Christians argued that photographic evidence is crucial, stating that a picture "tells a story that cannot be disputed."
He also challenged Nghuluwa's claim that the so-called "blue room" was crowded with about 15 people and contained rocks used as seats, questioning why no photographs of the interior were taken.
Nghuluwa responded that there are instances where pictures are not taken and convictions are still secured, adding that witnesses could testify about the scene.
Christians questioned Nghuluwa on his understanding of Article 12 of the Namibian Constitution, which guarantees the right to a fair trial and the presumption of innocence. Nghuluwa acknowledged that Fisch has not yet been proven guilty and is presumed innocent because her trial has not started.
The bail hearing is continuing, with the defence maintaining that the State's version is riddled with inconsistencies and lacks reliable evidence to justify Fisch's continued detention.
Fisch is charged with dealing in drugs and money laundering.
Published 31 min ago
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