2 Mar 2011

Drug charges thrown out over breach of rights

6:28 am on 2 March 2011

Charges against a Wellington man suspected of selling methamphetamine have been dropped after a judge ruled a police search of his car breached his rights in a deliberate and reckless way.

Kenny McMillan was in central Wellington last July when a van sped towards him and several Armed Offenders Squad members jumped out. Stun grenades were thrown at him and he was arrested.

A stun gun and electronic scales were found in his car. Despite the man telling the police that his lawyer had advised him to say nothing, an officer put pressure on him to explain why they were there.

District Court Judge Mike Behrens has ruled that the car was searched without a warrant and evidence taken from it was improperly obtained.

Kenny McMillan has been discharged on counts of unlawful possession of a restricted weapon, and possession of drug utensils.