Crack Cocaine Accused Wins Case

Walvis Bay resident Gavin Henry Peter Noble who spent nine months in jail following a drug bust in October 2013, was acquitted of all charges against him.

Magistrate Andre Matulich last week on Friday found Noble not guilty of any of the charges against him and acquitted him.

Noble, 53, who was arrested during a police sting operation at the parking lot of Shoprite in Wavis Bay was charged with dealing in 14 pieces of crack cocaine and alternatively dealing in cocaine. However in a dramatic turn of events last week Friday, Magistrate Matulich highlighted the flaws that existed in the State’s case.

Mutulich said that under cross-examination of state witnesses alarming anomalies appeared.

He then pointed out that one of the state witnesses wrote the registration number of a vehicle involved in the case on his hand and had been referring to his handwritten notes.

“Despite increasingly feeble denials it was further established that the witness’s statements which were compiled by the investigating officer were not independently recorded and that vital aspects of sworn statements were falsely attested to and not a record of the independent memory of each witness. Chunks of the statements were simply copied, duplicated and transferred from one witness statement to another, error for error with some witnesses attesting to the fact they did not know. Even where a nonsensical statement was made by one of the witnesses it was duplicated in another,” Matulich said prior to giving his verdict.

Matulich noted in the case of Noble, who was his only witness, he told a simple story and stuck to it.

He projected a facade of being honest and open with the court and his story could reasonably be true, especially seen in the light of the performance of key state witnesses.

“The accused did not contradict himself and his defence was consistent throughout. Whist his version is indeed touched with an air improbability it is not less probable than the version of a string of state witnesses who have been biased and shamelessly dishonest. Not only could the version of the accused be reasonably possibly true but more importantly the court must on a consideration of all evidence placed before it reject the State’s case and I find the accused not guilty and acquitted on all accounts,” Matulich stated.

Source : New Era