Phuas on the Verge of Victory as Judge Deems the Evidence Inadmissible

13:49
04 Feb

Judging by the latest news, it seems that the Phuas’ gambit could prove to be a winning strategy after all. After the other defendants involved in the illegal football World Cup betting ring entered into plea agreements, Paul and Darren Phua were the only ones who decided to try their luck in court, claiming that the evidence against them was obtained illegally.

Although there were sufficient grounds to substantiate their claims, it could have gone either way for the father-son duo. However, the Phuas entered the battle equipped with the best lawyers and, as it stands now, they are about to win.

According to the Las Vegas Review-Journal and several other sites that reported on the story, U.S. Magistrate Judge Peggy Leen recommended on Monday that the evidence against the Malaysian businessman be tossed out. Leen elaborated that the FBI agents gave "false and misleading statements" when requesting search warrants.

Without the evidence obtained in July, the prosecution will have a very hard time building a case against the Phuas. If the decision stands and the federal prosecutors do not manage to get it changed, it is very likely that the entire case will be dismissed.

This is a triumph for citizens everywhere, showing that courts will enforce the constitution." Las Vegas Review-Journal;
David Chesnoff and Thomas Goldstein, the attorneys representing the Phuas, were elated with the decision and proceeded to praise the ruling as being in line with the Constitution. Chesnoff explained that it is unacceptable for law enforcement to be reckless and to not perform due diligence when asking for a search warrant.
Judge Leen stated in her lengthy 32-page decision that a search warrant can never be justified by what is found after its execution. The agents made certain statements and assertions that went far beyond what they actually knew when they requested the warrant. Leen found this to be unacceptable and deemed the search warrant affidavit "fatally flawed."
During a separate hearing, Leen also ruled on the manner in which the federal agents entered the villa. The ruse, involving the agents being disguised as technicians, did not violate any constitutional rights of the defendants.
Some of the statements the judge found particularly troubling were those linking Paul Phua to the notorious 14k Triad criminal organization; these statements, Judge Leen said, were not substantiated enough to be included in the affidavit.
With this ruling, the Phuas' saga could finally be coming to an end. We will keep our eye on developments within the next two weeks (the period during which the prosecution can appeal the decision), but it seems that the Malaysian businessman and his son will be going home as free men.
Photo: Las Vegas Review-Journal

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