Another Victory for Paul Phua - Judge Rules Fourth Amendment Violation

13:07
18 Apr

The only remaining defendant in the illegal betting case, Paul Phua, has been gaining some serious ground in his battle against the prosecution, as Judge Gordon ruled that FBI's ruse violated Phua's privacy rights.

While everybody else who's been charged in connection to this case has entered plea agreements, most recently Phua's son Darren, Malaysian businessman has opted to fight to the bitter end.

Together with his legal team, Phua Sr. has been fighting charges brought against him, some of which even tried to connect him to powerful Asian crime syndicate. One legal battle after another, things seem to be turning to Phua's favor, and just couple of days ago, he was able to add yet another judicial triumph to his list.

During the first hearing, the judge ruled that the evidence gathered against Phua was inadmissible at court due to the fact that the search warrant was procured based on the false information. However, he stated that the ruse that FBI agents had conducted was not in violation of any laws or constitution; Phua's legal team decided to appeal this decision, firmly believing that the ruse was in violation of Constitution and their client's privacy rights.

At the hearing that took place yesterday, U.S. District Judge Andrew Gordon accepted the appeal and ruled in favor the Malaysian businessman, while also confirming the earlier ruling that any evidence found during the search was inadmissible.

By creating the need for a third party to enter the defendant’s premises and then posing as repairmen to gain entry, the government violated the defendant’s Fourth Amendment rights. Judge Gordon in his decision on Friday;
According to Goldstein and Schonfeld who represent Phua Sr., actions of the FBI were in direct violation of the 4th Amendment, preventing unreasonable searches and seizures. After reviewing facts of the case, Judge Gordon agreed with the defense in his 22-page decision.
This is yet another big blow for the prosecution. Although they refused to comment on the decision, the fact that their appeal to have the evidence reinstated was turned down and Gordon's ruling about violation of constitutional rights don't leave much room for the attorney general's office to maneuver.
With every new development it seems more and more likely that Paul Phua will be walking away a free man and, if they really press the matter, he might even receive an apology for the actions and accusations brought against him.
Unless things take a big, unexpected turn, there doesn't seem to be much that prosecution can do at this point in time. With evidence being thrown out and actions against Phua officially declared unconstitutional, this case could easily be over any day now.
Photo: lasvegasreviewjournal

Did you like this article?