Supreme Court: DNA order lawful in drugs and weapons case
The Supreme Court upheld an order compelling a suspect in a serious drugs and weapons case to provide genetic material, rejecting his appeal.
Supreme Court: DNA order lawful in drugs and weapons case
The Supreme Court dismissed an appeal filed by a person held in connection with serious offences involving illegal possession of drugs with intent to supply, possession of a firearm, and illegal possession of explosives.
During the pre-trial investigation, the prosecuting authorities requested the suspect to provide a sample of genetic material. He initially refused, despite having signed written consent for the taking of buccal swabs and fingerprints. He later rescinded his refusal, despite being assured that the data would be destroyed or returned to him if he was not charged.
The Police applied to the Limassol Court seeking a court order compelling the detainee to provide DNA. The application was based on the argument that investigations had not been completed and that genetic material of an unknown man had been found on evidence. Comparison with the suspect's material was necessary to clarify the case.
The first instance court found the application justified, based on expert evidence presented to it. The appellant's lawyer argued, however, that the lower court had not adequately examined the necessity of issuing the order.
The Supreme Court did not share that view. In its judgment, it notes that the first instance court had examined the application in light of the evidence submitted to it and had found that issuing the order was reasonable and proportionate. The supreme court confirmed the correctness of the decision and dismissed the appeal.
Source: Philenews
Source: Philenews