Police prosecution fails in prosecuting refugee’s drug case

A drug case against Iranian refugee Mohammad Rezza Najafi Movafagh has been withdrawn at the Boroko District Court.

Police prosecution withdrew the case because no search warrant was used to search the motel room of Movafagh.

Police prosecution moved an application on Tuesday before Magistrate Alex Kala to have the case withdrawn and the court allowed it.

Movafagh told the court on February 14 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 Kalandi after his charge was read in court.

He was charged under the Dangerouss Drugs Act for being in possession of marijuana.

“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 on Feb 14.

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.

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 was 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.

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.

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



Sally Pokiton