Accused cite ‘illegal tactics’ in drug case
An alleged cocaine dealer and one of his alleged runners have accused the police of using illegal tactics to entrap them.
|||Durban - An alleged cocaine dealer and one of his alleged runners have accused the police of using illegal tactics, including getting a Durban policewoman to pose as a prostitute, to entrap them.
This was the defence of Hoosen Mohamed Shaik Cassim, 41, and former policeman, Sagren “Sauce” Pillay, at the Pietermaritzburg Regional Court on Tuesday.
The two have been charged with four counts of dealing in cocaine between November 8 and November 19 last year, after a sting operation in which they allegedly sold cocaine to an undercover police agent.
Cassim had been under surveillance for five months before the operation.
Cassim and Pillay pleaded not guilty before Magistrate Rose Mogwera on Tuesday, saying they opposed the admission of any evidence obtained against them on the following grounds:
- The conduct of the police agent amounted to conduct that went beyond providing an opportunity to commit an offence;
- The police failed to comply with the directions issued by the Director of Public Prosecutions;
- The police made use of a civilian not authorised to take part in the undercover operation;
- The police made use of trickery and deceit; and
- The conduct of the police involved the exploitation of human characteristics and the reward of sexual favours.
Because the accused are challenging the manner in which the evidence against them was obtained, a trial within a trial started on Tuesday to determine whether the evidence gathered during the undercover operation may be used against them in court.
Testifying to the authenticity of the operation, investigating officer Mahendra Balmookand said surveillance on Cassim’s Northdale house began after numerous complaints were received from the community.
“Cassim’s Mysore Road house was described as a drug den and the community was tired of the area being plagued by drugs, and this prompted the investigation,” he said.
Balmookand said after months of surveillance, he and his team’s suspicions were confirmed and they applied to the DPP for the authority to run an undercover operation, which was granted.
They were given authority to place a police officer under cover, masquerading as a drug addict to purchase drugs from the accused.
In terms of the application, the police may not use civilians in the course of the operation.
A woman police officer from Durban, identified as Constable Bronwyn Fisher, was placed under cover.
Balmookand explained that there had been a number of transactions between Fisher, whose undercover name was “Candice”, and Cassim’s runners, who included Pillay, and Ramesh Mahabeer, who has since passed away.
The police established during their earlier investigations that new drug buyers would be put in contact with Cassim’s runners.
It was only after a few transactions that Cassim would meet the buyer directly.
“We needed to infiltrate the drug ring, and so we made use of an informant, who put us in contact with a taxi driver named Vusi.
“Vusi facilitated the initial drug transaction between Fisher and Mahabeer,” Balmookand said.
Balmookand called this phase the “non-evidential” stage of the operation. He explained that during this time, while drug transactions may have been conducted, nobody was charged.
Under cross-examination by defence advocate Shane Matthews, Balmookand conceded that two civilians; the taxi driver and the informant, were used in the undercover operation.
However, Balmookand said this had been sanctioned by the DPP.
Matthews put it to Balmookand that Fisher had portrayed herself as a prostitute to obtain the drugs, which Balmookand denied.
Balmookand also conceded that Vusi had purchased drugs from Cassim on behalf of Fisher, and that at one point, Fisher had purchased drugs from Vusi himself.
Vusi has never been charged.
Matthews said that this flew in the face of law, and suggested that the police had incited Vusi to commit a crime.
Balmookand denied this, reverting to his stock answer that these phases of the operation were sanctioned by the DPP.
“During this non-evidential phase of the operation, you broke all the rules, incited civilians to commit crimes, used all the deceit you wanted, and now simply want to wipe it all away,” Matthews said.
The case continues on Wednesday.
Daily News
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