ILLEGAL SEARCH FREES DRUG SUSPECT

An Auckland man walked free from serious drugs charges because the
police used an illegal search warrant to collect their evidence
against him.

Trevor Sydney Zenovich of Titirangi was charged with manufacturing
methamphetamine and possessing chemicals and equipment for its
manufacture.

Yesterday, Judge Josephine Bouchier discharged him, ruling that the
evidence gained by police using a search warrant executed on Mr
Zenovich's storage unit in Henderson was inadmissible.

"I have to say this is the most illegal search warrant I have ever
seen in my career," she said.

The Crown, represented by Wendy Andrews, conceded the search warrant
was technically illegal, but said the search conducted by the police
was reasonable.

The judge heard that on Friday, November 23, 2001, the police executed
a search warrant at a Henderson warehouse in Amokura St.

The owner of the house, Scott Corless, was associated with the
Headhunters gang.

A small quantity of methamphetamine and some drugs paraphernalia were
found. A piece of paper bearing the address of Mr Zenovich's Swanson
Rd storage unit was also found concealed in a car.

Sergeant Scott Fergusson, previously the drugs intelligence officer
for Waitakere and involved in the detection of 17 methamphetamine
laboratories and more than 150 search warrants in two years, was among
police officers at the warehouse when the piece of paper was discovered.

He told the court he believed a storage unit was the perfect place to
hide a "mobile clandestine methamphetamine lab".

Mr Fergusson said he contacted Justice of the Peace Warren Flaunty by
telephone to seek a search warrant for the storage unit.

He did not see Mr Flaunty or get him to sign the search
warrant.

This was because the storage unit had to be searched urgently. He
feared the mobile laboratory might be lost.

People believed to be gang members had been driving past the Amokura
St warehouse and mobile methamphetamine laboratories had been the
target of arson or had been stolen.

"These are a very valuable commodity," he said.

The court heard that after Mr Flaunty gave verbal authorisation, the
Swanson Rd storage unit was searched and a mobile laboratory was discovered.

Mr Fergusson typed up the warrant later that night, took it to Mr
Flaunty the next day - a Saturday - for signing and served it on the
manager of the storage units on Monday morning.

Mr Zenovich's lawyer, Chris Comeskey, said police took an hour to get
to the storage unit, about four minutes away from the Amokura St
warehouse, after Mr Fergusson telephoned Mr Flaunty about 9.30pm.

Mr Comeskey said it was unfair to say that there was urgency. Mr
Zenovich was not a member of the Headhunters gang, but as a painter
had known Mr Corless for 16 years.

Search warrants held a special place in court proceedings, Mr Comeskey
said.

But the warrant in question could amount to a forgery. It purported to
be a document created at a specific time when it was not and aimed to
legitimise a function of the state when it ought not to.

Judge Bouchier said that what was said between Mr Fergusson and Mr
Flaunty was questionable.

The policeman had said he mentioned the clandestine mobile laboratory
to Mr Flaunty, but in his job sheet prepared later there was no
mention of the laboratory.

The warrant was prepared after the search.

It was backdated and marked, not by Sergeant Fergusson, that the
search was executed at 9pm on November 23.

Judge Bouchier said the search warrant was quite clearly illegal, not
technically illegal.

She had considered whether it was reasonable in the circumstances, but
found it a serious breach of process which recklessly disregarded Mr
Zenovich's right to privacy.

[sidebar]

Search Warrants

* Any district court judge, JP or court registrar can issue a warrant
after an application is made in writing and on oath.

* Reasonable grounds must exist for believing that a place or premises
are being used or are suspected of being used for an offence
punishable by imprisonment.

* A warrant can also be issued when there are reasonable grounds for
believing the place or premises are intended to be used for the
commission of any such offence.

* The Bill of Rights Act says everyone has the right to be secure
against unreasonable search or seizure.