Director asks court to drop charges

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By GEORGINA KOREI
PNG Customs Service internal affairs director Brian Lilywhite has filed a motion in the Waigani Committal Court to dismiss his charges based on a defective search warrant.
His lawyer Derrick Dusava said the search warrant was unlawful as it was used to search a property belonging to Lilywhite’s sister who is not a party to the proceeding.
“The property at Gordon does not belong to Mr Lilywhite and there was no relevance for the search to be conducted there,” he said.
There were two different search warrants issued by the court to search two properties at Waigani Heights and Gordon in Port Moresby.
Dusava said that the search warrant should be considered defective as there was a typing error in the spelling of one of the search locations.
“Gordon was spelt as ‘Gorons’ which makes the search warrant invalid and unlawful as it does not match the address of the property that was searched by the police investigators,” he told the court.
He added that during the search at Gordon and Waigani Heights, police had confiscated items such as laptops, mobile phones and a licensed firearm belonging to Lilywhite.
“I may ask the court that most properties belonging to Lilywhite’s sister that were confiscated during the search should be returned as she is not a party involved in the case,” he said.
Nii said the typing error was made by his clerk.
He said the decision on the notice of motion to dismiss the charge would be handed down on Monday.
Police allege that Lilywhite was responsible for the safekeeping of the firearms and bullets including contrabands that went missing.