CUSTOMS ILLEGALLY OPENED DRUGS PACKAGE AT SORTING OFFICE

A woman has been acquitted on a drugs charge after the trial judge
ruled that Customs and Excise acted illegally by interfering with a
package which came through the central sorting office.

Judge Pat McCartan directed the jury to acquit Ms Ncedisannani Swana,
saying that Customs and Excise did not notify the Minister for Justice
before opening the parcel as set out in the relevant
legislation.

Ms Swana, of Castleview Walk in Swords, went on trial yesterday on a
charge of possession of cannabis and the court heard she had accepted
a drug-filled package from a garda dressed as a postman.

However, this morning, Judge Pat McCartan instructed the jury to
acquit her, saying that Customs and Excise acted unlawfully by opening
the package at the central sorting office after sniffer dogs detected
the drugs.

He said that, under the Interception of Postal Packets and
Telecommunications Act brought in after the phone tapping scandal of
the early '90s, Customs and Excise were required to get the permission
of the Justice Minister before interfering with packages or phones.

The judge said that this case clearly had implications for Customs and
Excise and how they go about their work.

A spokesperson has said that they would not be commenting until they
read today's judgment.

Lawyers for the DPP, meanwhile, have asked for a transcript of what
was said and may go to the Supreme Court to challenge the ruling.