Lawyer files complaint over early morning search

(CNS): A local attorney is putting pressure on the legal department to follow the law in relation to an illegal search warrant. Peter Polack is making a formal complaint against the Office of the Director of Public Prosecutions' crown counsel on the case for failing to act regarding the possible criminal offence committed by police who executed a search of his client’s home in the Northward area before sunrise last November, breaching the criminal procedure code. Polack says officers arrived at his client’s house to execute a search warrant in connection with a potential drug bust at 5:49am on the day in question when it was still dark, as according to the weather services the sun didn’t rise that day until 6:39am.

In his complaint to the ODPP Polack points out that every search warrant may be issued at any time and may be executed on any day between the hours of sunrise and sunset, unless otherwise directed by a judge.

With the question mark over the warrant, Polack accuses police of Criminal Trespass, Forcible Entry and Neglect of Official Duty. Polack is also complaining that the crown counsel on the case also broke the law by failing to take any action regarding an investigation into what Polack says in an illegal entry and instead suggests that it should be dealt with when his client’s drug case comes before the Summary Court.