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Accused 3 was self-employed and worked as a carpenter under the name and style Umhlanga Shop Fitters. Accused 1 and 2 met accused 3 in They decided to join their business ventures. During an accused Robert Daniel Flook a British national and others decided to smuggle and export cocaine and cannabis Dagga from SA. Flook remained in the UK from where he managed the illicit drug importation into the UK. He often liaised telephonically with accused 1 and 2. This was followed up with various visits to SA, the last being in Flook was, at the time when it was dissolved, a Director of Play Away Events. Illicit trafficking in narcotic drugs and psychotropic substances is regarded in SA as a crime of national impact and requires dedicated focus and intervention in a coordinated fashion to eradicate the threat of crime and restore public confidence and to also develop partnerships with local and international law enforcement agencies. This case was found to be a case of relevance with regard to the criminal justice response to organized crime. SA authorities have adequate legislation in place, as was demonstrated in dealing with this transnational organised crime investigation, to effectively deal with perpetrators who operate within this crime focus area. A cover load of glass mirrors was confiscated and subsequently forfeited and sold. UK authorities had more success and obtained a court order for the confiscation of assets in the UK. To corroborate the information they conducted electronic and physical surveillance, on two British nationals, Tutton and Mac Kinnon who were residing in the SA which helped identify the warehouses and link the various accused to the case. Subsequent discovery and seizure of a consignment of cannabis forced Tutton and others to relocate their operations in Pinetown to a warehouse in Tongaat. The Organised Crimes unit later seized a container containing mirrors at the Togaat warehouse where they discovered kg of cocaine concealed in suspicious crates which was destined for the UK. Follow-up investigation revealed that Tutton had used the name, Ronald James Rust at the access control of the warehouse. Initial contact was established between SA and UK policing authorities ito the protocols established in the UN Convention against Illicit trafficking in Narcotics and Psychotropic Substances , to which SA is a signatory, to foster a relationship for assistance and cooperation. This was later formulised using Mutual Legal Assistance requests ito section 2 2 of the International Co-operation in Criminal matters Act No 75 of Parallel investigations were set up to deal with the supply chain from SA to delivery in the UK. Court directed evidence had to be established and obtained to show the evidential chain between SA and the UK. Due to the transnational organised crime nature of the crime, appointed two senior dedicated prosecutors to hear the matter in the regional court, who also dealt with the subsequent appeals process. A dedicated court was also established to deal with the case and therefore had an open roll allowing for the case to be dealt with without interruptions and extensive delays. Accused 1 and 2 were convicted and sentence in SA to long term of imprisonment. Seems effective 30 years each Accused 3, the matter was withdrawn. Flook was also convicted and sentenced in the UK and received a long term of imprisonment. Assets were confiscated in SA and the UK. Section 5 b read with section 1, 13 f , 17 e , 18, 19, 25 and 64 of the Drugs and Drug Trafficking Act No. Project Deer. Южная Африка. Краткое изложение обстоятельств дела Accused 1 and 2 both British subjects were residing in South Africa SA on temporary visas. Комментарий и существенные особенности. Комплексные вопросы Ответственность Соединенное Королевство Великобритании и Северной Ирландии. Участвующие страны Южная Африка. Краткое изложение Initial contact was established between SA and UK policing authorities ito the protocols established in the UN Convention against Illicit trafficking in Narcotics and Psychotropic Substances , to which SA is a signatory, to foster a relationship for assistance and cooperation. Информация процедурного характера Правовая система:.

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