No search warrant used in refugee case

No search warrant was used to search the motel room of the Iranaian refugee who was arrested last month in Port Moresby for being in possession of marijuana.

Mohammad Rezza Najafi Movafagh told the court today that he did not give permission or ask the motel stuff to clean his room and “search his personal items.”

He made this defense before Magistrate Alex Kalandi of the Boroko District Court after his charge was read and explained to him on court.

“Yes its mine but they got my private drug. Who gave her right to look through my stuff” he told the court through an interpreter.

 The 31 year old said he is in Port Moresby for medical reasons and was at the hospital when the drugs were found in his room.

Magistrate Kalandi asked police prosecution if a search warrant was obtained to search his room prior to his arrest. None was obtained by police.

The issue of his release on K150 bail was also brought up again in court.

A security officer with Wilson Security services, the firm in charge of Refugees and Asylum Seekers in Manus,  Adam Thomas told the court Movafagh was transferred from Manus on medical grounds.

Magistrate Kalandi said bail on drug charges are only allowed on proper bail applications moved in court by a lawyer.

 He adjourned the case to next Tuesday where the court will be addressed more on the issue of search warrant.

Movafagh was arrested by police last month for having in his possession two-pack rolls of marijuana without any doctor’s prescription.

 The rolls of marijuana were allegedly found in his room on January 4 by housekeeping staff at the motel he has been residing in.

According to Police Summary of facts before the court, the defendant when questioned by police CID Drug Squad on January 5, revealed he bought the drugs from a boy in Boroko and consumes it to relieve himself from stress due to his current condition.

He also failed to produce a doctor’s prescription when asked for one by police.

He was flown down from Manus to undergo medical treatment and has been living in that motel in Port Moresby where the drugs were allegedly found in his room.

It was also stated in the summary of facts that he smoked marijuana in Manus and continued to do so in Port Moresby to relieve stress from his current situation.

(Movafagh attempting to hid his face with the leg brace he wore into the court room from the media after his case hearing last Friday. Picture by Loop Photographer Kennedy Bani)

 

 

 

Author: 
Sally Pokiton