/ 25 October 2007

State defends ‘special methods’ to battle drugs

Special methods are needed to combat the epidemic of drug trafficking and abuse, it was contended by the state on Thursday in the drug-trafficking case involving Nazier Kapdi and four alleged accomplices.

Prosecutor Greg Wolmarans reminded the Wynberg Regional Court of the huge pressure on the police and the courts to deal with trafficking.

He added: ”Because of the epidemic, it is essential for the police to use special methods of investigation.”

The ”special methods” referred to a police trap set up to bring to book Kapdi and those involved with him in his network.

Wolmarans contended that the trap was lawful, and that the conduct of the police involved in it, as well as any inducements they used to lure Kapdi, was ”perfectly acceptable”.

Wolmarans and defence lawyers Max Hodes, Norman Snitcher, Lawrence Hodes and Mohamed Ismail delivered closing argument in a trial within a trial before magistrate Fransie Mouton to determine the validity of the trap.

The defence contends that if the court ruled the trap unlawful, it would effectively stop the prosecution, as the state would then be prevented from placing before the court the evidence of drug dealing gathered by the police undercover operation.

Wolmarans countered that this was not necessarily so, as the court, even if it ruled the trap invalid, still had a discretion to accept the evidence.

Kapdi and his co-accused face charges of trafficking in the drug tik.

Judgment will be given on November 13. — Sapa