Tebogo Monama and Kamogelo Seekoei

Tebogo Monama and Kamogelo Seekoei

Operation Dudula's plan to put a stop to piracy has been dealt a severe blow.

The case against the Chinese national arrested last week for pirating DVDs and CDs has been thrown out of court because of the police's "unprocedural conduct".

The authorities failed to obtain a warrant to confiscate materials from Zhouren Chen's house.

And wrongful procedure, according to the Wits law clinic, must prejudice a case.

The clinic's Stephen Tuson said: "There are only two instances in which the police can seize items from a person or premises without a warrant.

"These are when the person gives consent for the premises to be searched, and when the police have a reasonable suspicion that illegal activity is taking place on the premises and that the items seized will be used as evidence."

Chen's lawyer, Mannie Witz, said that only a select team of police officers from the commercial crimes unit were supposed to be at the house. But musicians were also present during the raid.

Tuson said that during a search and seizure raid members of the public were not allowed to be present, except in an emergency.

Deborah Frasier, one of the artists present at the raid, said: "It's really unfair that he has been released."

Witz alleged that some of the musicians who were at the house were seen looting and sharing money. Chen claims R300000 is missing from his house.

The police and officials of the Department of Trade and Industry confiscated CDs and DVDs worth R4million.

Police spokesman Captain Cheryl Engelbrecht said she was "still trying to get hold of the investigating officer for information on the matter".

Chen was out on R50 000 bail on a charge of manufacturing counterfeit goods.