Bail bid after trial delay for Chinese drug accused

The three Chinese nationals charged with unlawful possession of 39.5 grams of methamphetamine this year have maintained that the State prosecution’s move to vacate the trial to next year gives them strong grounds to seek bail.

Yu Yang Feng, Dai Ming Hui, and Zhou Lan appeared before Suva Magistrate Vinaina Diroiroi today. They are jointly charged with unlawful possession of 39.5 grams of methamphetamine.

Zhou and Dai face additional charges of possessing over $7,000 in local and foreign currency suspected to be proceeds of crime.

The trio’s lawyer, Lavenia Bogitini of SLS Legal, told the court that the prosecution’s case against her clients was weak, arguing that police conducted an unlawful search without a warrant.

Ms Bogitini further argued that the prosecution has not responded or confirmed anything about consolidating her clients’ case with two other cases pending in other courts.

She also stated that the prosecution has not indicated its readiness for trial, nor provided any trial dates.

The defence is willing to provide two sureties each, $2,000 each in cash bond, and would agree to a stop-departure order.

State prosecutor Eoghn Samisoni objected to bail, citing no change in circumstances.

He presented a Ministry of Immigration policy indicating that the accused would be remanded by Immigration as soon as their visas expire in January, regardless of the presumption of innocence.

He added that the accused should not be granted special treatment because they were foreign nationals.

He reiterated that the matter was recent and linked to other cases currently pending in the Suva Magistrate Court.

Mr Samisoni has sought that the accused be remanded until the case concludes.

Magistrate Diroiroi will deliver her ruling on bail on November 25.