Justice Daniel Goundar will deliver a ruling on Monday on a “No case to answer” application by lawyer Ronald Gordon who is representing Australian national Yvette Nikolic, who faces drug trafficking, arms and ammunition charges.

Australian couple Yvette Nikolic and John Nikolic jointly face the charges and appeared in the High Court in Suva yesterday.

John Nikolic’s lawyer Wasu Pillay told the court that his client would not pursue the “No case to answer” application.

In his submission, Mr Gordon told the court that the charges laid against Yvette Nikolic were defective and to charge his client with importing illicit drugs, 13 bars of cocaine and 65 tablets, the items must reach a recipient which in this case was not proved by the prosecution.

He told the court that there was no evidence of acting to import or knowledge of importation for Yvette Nikolic and the prosecution failed to prove that his client intended to import drugs.

Mr Gordon told the court that the prosecution must present evidence that Yvette Nikolic had intended to import the illicit drugs and had knowledge of importation in order for her to be charged with importation of illicit drugs.

He told the court that the prosecution had no evidence that Yvette Nikolic had intention of possession, knowledge or knew where the drugs, arms and ammunition were hidden or concealed.

Edited by Epineri Vula

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