National Instruction 8/2017

The speaker states that the duty to ensure submission of exhibits to the FSL within 7 working days lies with the investigating officer and the station and detective commander, roles the speaker did not hold.

“Paragraph 20.4.2.15(3)(f) of the National Instruction 8/2017 places the duty on the investigating officer who must ensure submission within 7 working days. Paragraph 0.4.3. Similarly, paragraph 8.3 of the National Instruction 8/2017 places the responsibility on the Station Commander, SAP 13 official and the Detective Commander. I held none of the designated roles.”

Lt-Col Duma confirms that the National Instruction 8/2017 was not followed to the letter at the scene, including that the LCRC was not called and the container was opened without proper sealing.

“while you were present at the scene, and the container was opened ... the prescripts of National Instruction 8/2017 were not observed, whether it was by you or the people you called”

Lt-Col Duma accepts that those who handled the scene, including himself or those he called, did not comply with the National Instruction to the letter.

“the simple point is that those who handled the scene did not comply with those prescripts ... the National Instruction was not followed to the letter”

FSL's operation was governed by National Instruction 1/2015, National Instruction 8/2017, and the Protocol on the Search, Seizure, Handling, Processing, and Disposal of Illicit Drugs at the time of the June 2021 cocaine seizure.

“F S L 's o p e r a t i o n a t t h e t i m e w a s s u b j e c t t o N a t i o n a l I n s t r u c t i o n 1 / 2 0 1 5 , N a t i o n a l I n s t r u c t i o n 8 / 2 0 1 7 , a n d t h e P r o t o c o l o n t h e S e a r c h , S e i z u r e , H a n d l i n g , P r o c e s s i n g , a n d D i s p o s a l o f I l l i c i t D r u g s , t h e P r o t o c o l .”

Each exhibit must be individually identified and described in the SAP 13 register at the first station where the crime is committed, consistent with National Instruction 8/2017, but the descriptions in the document are insufficient.

“I do not see any further description as I think contemplated by the National Instruction 8/2017 that each exhibit must be individually identified in the receiving, no, in the first station where the crime is committed... that is the totality of the description of the exhibit ... inconsistent with the response you gave that each single piece of exhibit has to be individually listed in the SAP 13”