Defence counsel claims assault in marijuana case

The defence counsel in the case against a man charged with unlawful cultivation of marijuana is alleging that he was assaulted into giving his confession.

Malakai Bola Smith appeared before High Court judge Justice Daniel Goundar yesterday.

He denies one count of unlawful cultivation where he is alleged to have cultivated 283 marijuana plants with a total weight of 16 kilograms.

The alleged incident happened on

June 10, 2018 in Kadavu.

His lawyer, Kya Lal, said the entire caution given to her client during his questioning was incorrect.

She also said they have photographic evidence of Smith’s injuries which were captured by his wife when she visited him while he was in Police custody.

Defence alleges that Smith was kept in custody for more than the 48 hours prescribed time limit and was not taken care of properly.

State counsel, Unaisi Tamanikaiyaroi, said the state would have to consider its position since the case was based entirely on the accused’s caution interview which is being challenged in court.

She stated the accused made admissions in his caution interview.

The accused’s bail was extended and his trial within a trial will begin on May 25 to determine the admissibility of his caution interview.

Justice Goundar told him that if he fails to appear on that day the trial will proceed in his absence.

The trial date has been set from May 25 to June 12 before Justice Thushara Rajasinghe.