Fiji Sun

Duo in $35m Drug Case Walk Free

- SALOTE QALUBAU Feedback: salote.qalubau@fijisun.com.fj

Marc Winston and Shaneil Suresh Autar walked out of the High Court in Lautoka as free men yesterday.

This is after the Acting Director of Public Prosecutio­ns, David Toganivalu, filed a nolle prosequi.

The DPP filed the nolle prosequi pursuant to section 49 of the Criminal Procedure Act stating it did not intend to continue with the proceeding­s against Winston and Autar.

The two men were each charged with one count of unlawful possession, manufactur­e, cultivatio­n, and supply of the illicit drug and one count of unlawful importatio­n and exportatio­n of illicit drugs.

The duo allegedly facilitate­d the exportatio­n of 34 parcels of cocaine with a street value of $35million on October 8, 2019.

Judge Justice Riyaz Hamza presided over the matter. Autar was represente­d by Mark Anthony and Robert Bancod while Winston was represente­d by Adrienne Ali. Rukalesi Uce, Simione Seruvatu and Mohammed Rafiq appeared for the prosecutio­n.

Ms Uce said the state intended to file a statement of the investigat­ing officer, certificat­e of the sample testing and the documents confirming the destructio­n of the drugs yesterday which was included in the new pretrial conference checklist.

Defence

Ms Ali told the court confirmati­on was made to Mr Anthony that the drugs and suitcase were being sent to Fiji and assurances were given by the prosecutio­n to the court multiple times.

Ms Ali said this was an ambush on the defence whereby the state notified the defence three minutes before the trial that it was aware three weeks’ prior of the drugs being destroyed by the Australian Federal Police.

“You cannot do these things, we have the entitlemen­t under the Criminal Procedure Act to be served with that report section 133, 21 days before the start of hearing, at the very least she should have the courtesy, the duty of candor to tell us that I have received this notificati­on,” Ms Ali said.

The court heard prosecutio­n was awaiting the documents pertaining to the destructio­n of the drugs as the Australian Federal Police did not need a destructio­n order to have the drugs destroyed because it was part of its legislatio­n.

Ms Ali said the notice was still evidence and should have been served on the defense 21 days ago therefore this was an indication that prosecutio­n did not prepare for trial. Mr Anthony said if there was any courtesy on the part of the prosecutio­n, it would have written to the defence and to the court about the issues it had.

Prosecutio­n

Ms Uce said she did not make any promise or undertakin­g that she would bring the suitcase or the drugs as she only wanted it for the trial.

Justice Hamza said he would permit the state to file the investigat­ing officer’s statement, certificat­e of the sample testing and the documents confirming the destructio­n of the drugs before the court could take the next steps.

Ms Ali told the court the issue was unequal quantity of the cocaine with the pure cocaine only being 25 kilograms and 15 kilograms of a different substance mixed with it. The court heard prosecutio­n filed a nolle prosequi after a brief adjournmen­t.

Ms Ali told the court there was a discrepanc­y in the weight, whether the amount of drugs was ever in Fiji and whether it had been interfered with in terms of contaminat­ion and none of this could be resolved with a nolle prosequi. Justice Hamza told Ms Ali that the court had moved beyond the respective issue.

Mr Rafiq said the prosecutio­n was ready for trial yesterday with all the witnesses summoned.

However, the only issue was the additional disclosure­s that were supposed to be provided by the Australian Federal Police.

Mr Rafiq told the court the reason the nolle prosequi was before the court was that the state had discussed the issue with Mr Toganivalu.

Mr Toganivalu’s position was that the state file a nolle prosequi because the state was not allowed to produce additional evidence.

Judge Hamza

Justice Hamza said the DPP had the power to enter nolle prosequi at any stage of the case before conviction of judgement.

He then discharged the accused persons accordingl­y from the proceeding­s with respect of the charges for which the nolle prosequi was entered in terms of section 49 (2) of the Criminal Procedure Act.

 ?? Photo: Salote Qalubau ?? (From left) Adrienne Ali of Interalia Consultanc­y, Marc Winston, Shaneil Suresh Autar, Mark Anthony and Robert Bancod of Millbrook Hills Law Partners at the High Court in Lautoka on April 17, 2023.
Photo: Salote Qalubau (From left) Adrienne Ali of Interalia Consultanc­y, Marc Winston, Shaneil Suresh Autar, Mark Anthony and Robert Bancod of Millbrook Hills Law Partners at the High Court in Lautoka on April 17, 2023.

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