‘Drug dealing at N1 City’

June 6, 2015 at 01:27pm

By Fatima Schroeder

Cape Town - Evidence of drug dealing from the parking area of N1 City shopping mall emerged in a Western Cape High Court judgment handed down this week, when a man failed to have his conviction overturned.

Judge Robert Henney highlighted the seriousness of drug-related crimes, saying drugs led to “all sorts of evils, with unimaginable consequences”.

The judgment revealed how John Umeh, a Nigerian who had been living in South Africa for more than 15 years, pulled up at the busy mall in daylight, with his baby seated next to him, to conclude a drug deal.

But a source tipped off the police’s Directorate of Priority Crimes about the illicit transaction, and a team was assembled and dispatched to the mall.

There they watched Umeh drive into the parking area in a blue Nissan Micra, before stopping next to a parked white Nissan Sentra.

That’s when they pounced, searched his vehicle, and found packets of tik in his possession.

More tik was found at his Milnerton home, along with crack cocaine, a jewellery scale, vacuum sealer, and a painkiller called phenacitin, which is often mixed with cocaine.

Umeh was charged with drug dealing and the unlawful possession of phenacitin, in contravention of the Medicines and Related Substances Act, charges he was eventually convicted of in the Khayelitsha Regional Court.

He was sentenced to 15 years for each charge, and the court ordered that five years of the sentence on the one charge be served concurrently with the other, which meant that his effective sentence amounted to 25 years.

However, he appealed to the High Court against both his conviction and sentence.

In the appeal, Umeh’s lawyer argued that the search and seizures in the parking area and at his premises were unlawful, and that the evidence of the drugs found on him was inadmissable.

Umeh’s version was that he had been falsely implicated, and that the drugs were planted in his vehicle and at his home.

On the issue of sentence, Umeh submitted that the sentences imposed were shockingly inappropriate.

However, in a judgment handed down on Thursday, Judge Henney said the magistrate was correct in ruling the evidence admissible, saying that Umeh had given police permission to search him.

“Furthermore, if regard is to be had to the probabilities, should (police) have wished to falsely implicate (Umeh), it would have been much easier to have simply planted the drug s at one place and at one occasion, rather than having to explain in elaborate detail about how drugs were found at two different places far apart from each other, which in any event was not placed in dispute by (Umeh),” Judge Henney added.

He said even if police did not have permission to search Umeh, there was enough information objectively to justify a search without permission, pointing out that the tip-off police had received was accurate.

Judge Henney said Umeh’s claims that he was being framed were “without substance”, “based on conjecture”, and unconvincing.

Turning to the sentences imposed, Judge Henney said the evidence presented on the street value of the drugs found was not sufficient to warrant a sentence of 15 years on each count.

However, he concluded that direct imprisonment was the only appropriate sentence.

“This offence which (Umeh) has been convicted of can no doubt be regarded as serious.

“Although the evidence does not clearly indicate what the market value of the drugs was, a considerable amount of drugs were found in possession of the appellant for the purposes of dealing.

“This evidence clearly shows that the appellant was unashamedly involved in drug dealing,

“Unscrupulous drug dealers like (Umeh) prey on unsuspecting and innocent drug users who later become addicts. These addicts terrorise our society by committing crime to satisfy their drug needs.

“This is a reality of the drug-ridden society we live in. (Umeh) was brazen in his conduct and showed no remorse for his actions.”

He imposed a sentence of seven years for the one charge and 15 years for the second charge, which were ordered to run concurrently.

Judge Elizabeth Baartman agreed.

Weekend Argus

“This is a reality of the drug-ridden society we live in. (Umeh) was brazen in his conduct and showed no remorse for his actions.”

I guess he deserves it afterall.

1 thng about nigerians they dnt comment on such, they will only comment if it suits them..let south africa deport him then they will start callin south africa names..

KLEINBASS:
1 thng about nigerians they dnt comment on such, they will only comment if it suits them..let south africa deport him then they will start callin south africa names..

True story

#savetheworldkillayellowflatheadmonkeytoday.

B.....ans...

are criminals.