M A J - G E N F L Y N N

The evidence collected in the narcotics case was lawfully transmitted to the United Kingdom via mutual legal assistance and led to a prosecution and a conviction there, demonstrating the transnational nature of the offenses.

“the evidence collected in this case was lawfully transmitted to the United Kingdom upon their request, obviously by means of a mutual legal assistance application, and the UK authorities managed to prosecute an individual in the United Kingdom and obtained a conviction on the matter relating to the facts of this narcotics”

Requests to the Forensic Science Laboratory (FSL) for storing drugs from recent seizures are expected to be in writing and recorded, but the general process is often conducted telephonically without written requests.

“I have a observation that predominantly it is being done telephonically... I think you confirm that it is expected to be in writing and recorded somewhere... And where the FSL is not in a position to store the drugs from a recent seizure because of lack of space, they would equally indicate in writing.”

There is no formal prescribed protocol that mandates requests to the Forensic Science Laboratory must be in writing, but if in writing, it provides proof of receipt and is undisputable.

“I am not aware of such protocol... but logic dictates that if it is in writing, it cannot be disputed, especially if there is proof of receipt.”

Upon submission of exhibits to the Forensic Science Laboratory, a covering letter is required and acknowledged, and this procedure is being complied with.

“upon submission of the exhibits to the Forensic Science Laboratory, it needs to be accompanied by this covering letter that is acknowledged then, so you get an acknowledgement of receipt on the date that it was submitted... So that is indeed being complied with.”

There was never an intention to submit or test the seized drugs (541 kilograms of cocaine) at the Forensic Science Laboratory, raising concerns about handling and recording.

“there was never an intention to submit these drugs to FSL. And that is why I am reflecting now on all the other cases where predominantly the crime scenes were dealt with correctly and the exhibits found its way into a SAP13... it was never stolen or tampered with and then submitted to FSL... It is my strong view that there was never an intention to submit it to FSL... It looks to me like there was never an intention to submit the drugs to FSL. There was never an intention to have them tested.”

The seized drugs which were not tested were properly handled, recorded, and remained secure at the police station, never stolen or tampered with, before being sent to the Forensic Science Laboratory intact.

“the crimes scenes were dealt with correctly and the exhibits found its way into a SAP 13, remained in a SAP 13 at the police station. It was never stolen or tampered with and then submitted to the FSL... it arrived at the Forensic Science Laboratory intact.”

There has been no prosecution in South Africa up to date related to the seizure of 541 kilograms of cocaine on 8 May 2020.

“There was no prosecution up to date in South Africa, Commissioners.”