Judge Dianne Davis read out her ruling in less than two minutes at the Cape High Court on Wednesday, stating the police had acted within the law.
“I have carefully considered the evidence presented by the State and the defence regarding the warrantless search and seizure at 18 Reindeer Close, Lotus River, and that it met with the requirements of the Criminal Procedure Act and I, therefore, rule the search and seizure was legal,” said Judge Davis.
The judgment comes after Murphy’s legal team called for a trial within a trial because a warrant had not been used during the 18 September 2015 raid.
This search eventually led to the arrest of Murphy.
Murphy and his co-accused, his ex-wife Shafieka Murphy, sister Glenda Bird, homeowner Dominic Davidson, alleged henchman Leon Paulsen and Desmond Jacobs face charges of drug possession and drug distribution.
During the trial within a trial, investigating officer Nadine Britz said she had gone to the house after their station had received a complaint about illegal activity and the complainant said Shafieka Murphy was on the premises.
She said two weeks prior, she had received information that Shafieka would be travelling from Worcester to Cape Town to package drugs for Murphy, but she was unaware where it would take place.
Judge Davis is yet to hear evidence by State witnesses on what was found behind the doors once cops gained entry.
The trial resumes on Monday. All the accused are out on bail.