DURBAN - The defence in the Siam Lee case has described the police's search and seizure of the accused's Mercedes Benz as "highly irregular" and "unlawful".
Defence attorney Martin Krog said evidence linked to the accused's car which was seized from his Assagay home in January could be inadmissible in court because of the search and seizure was irregular.
He said this during cross-examination of investigating officer Rajan Govender.
The murder accused 29-year-old businessman is seeking bail in the Durban Magistrates Court for allegedly murdering Durban North woman Siam Lee. He also faces kidnapping charges for Lee's abduction and a raft of other charges, including rape.
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It was revealed in court that the investigating officer at the time, Warrant Officer Pillay, gained entry into Ntuli's property by sliding the motorised driveway gate open and once inside, saw a double garage with two single doors.
There was no one home at the time.
Private investigator Brad Nathanson, according to Pillay's statement, arrived first at the house. Pillay followed 10 minutes later.
Once there, Pillay, according to his statement, which was read out in court, tried to open one of the garage doors but it was locked. He then checked the other door and "manually" opened it.
At first Govender told the court he didn't know how Nathanson and Pillay gained entry into the house.
The defence is arguing that the police had no search warrant on the said day.
"This is the only way to show the fundamental flaws of this case," said Krog.
Govender told Krog that blood was found in the Mercedes and tests were still ongoing to determine the DNA of the blood.
"So at this stage there's nothing linking the deceased to the accussed's vehicle," said Krog.
The bail application continues.