NATION

Dralomani A Free Man

A Cakaudrove man walked out of the High Court in Labasa a free man yesterday. Emori Dralomani of Drekeniwai appeared before Justice Paul Madigan. On February 24, 2016 at Savusavu
28 May 2016 13:54
Dralomani A Free Man

A Cakaudrove man walked out of the High Court in Labasa a free man yesterday.

Emori Dralomani of Drekeniwai appeared before Justice Paul Madigan.

On February 24, 2016 at Savusavu Magistrates Court, the appellant had been convicted of cultivating illicit drugs and was sentenced to three years and 10 months imprisonment.

Dralomani was charged with cultivating nine plants of ‘Indian hemp’, which was claimed to be an illicit drug, weighing 1.29 kilogram.

In written submissions, his lawyer Aisea Paka stated that the plant was not listed as an illicit drug in the schedule to the illicit Drugs Control Act (2004) and that the charge was therefore deficient because it lacked an essential ingredient of the offence.

Judge Madigan said there had been a clear miscarriage of justice and the unrepresented accused, who was eager to surrender to what he perceived to be inevitable, had been denied an indomitable defence.

Therefore Judge Madigan quashed Dralomani’s conviction and set aside the sentence.

 

 

Edited by Manasa Kalouniviti

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