Below Annex VLR1 is a copy extracted from the
transcripts of the criminal trial case number 16/236/03 where Magistrate
le Roux declares that the search and the seizure by the drug police at
54 Balfour Street was unlawful.
This ruling in the Cape Town Magistrate's Court renders
the forfeiture of 54 Balfour Street as being also unlawful as is evident
from one 1958 Plymouth Sedan v. Pennsylvania 380 U.S. 693 (1965) which
was a Supreme Court of the United States case handed down in 1965. The
Court ruled that civil forfeiture could not apply where the evidence
used to invoke the forfeiture was obtained unlawfully.
In the case concerning 54 Balfour Street not only was
the "supposed to be" evidence "obtained unlawfully" but
this "supposed to be evidence" didn't amount to anything.
During testimony before the criminal trial the arresting
officer admitted that nothing was found in the "unlawful" search
that would warrant an arrest.
To forfeit 54 Balfour Street, Erasmus had to embrace the
lies of Casper Henderik Venter, and Erasmus also had to ignore the facts
of the case, and to ignore the South African Constitution, American
Supreme Court case law, common law and the rule of law and on top of
that he had to tell his own lies to make his judgement look somehow
plausible.
Judge Erasmus punished Prophet for the same crime for
which Prophet was found to be not guilty.
Everything and all of what is being presented above is
verifiable and true.
There is no way around this but inconceivably the civil
courts also ignored all of the above and 54 Balfour Street was forfeited
to the state.
It's time to see this for what it is and it's time to
return to Prophet what is rightfully his.