Court to hear alleged Police misconduct in Punja drug case

The Suva Magistrate Court is set to hear the defence’s allegations regarding Police abuse of process on Friday.

Fiji Blue Gas director Thakor Hari Punja is charged with three counts of possession of illicit drugs.

It is alleged that on May 11, 2024, at Lami in the Central Division, he allegedly possessed 0.841 grams of methamphetamine, 5.447 grams of cocaine, and 16.6 grams of cannabis sativa without lawful authority.

The matter was called before Resident Magistrate Yogesh Prasad today, who dismissed the defence’s application to have the case transferred to the High Court in Suva.

Punja’s lawyer, Samuela Heritage, had applied under Sections 289 and 290 of the Criminal Procedure Act, arguing that his client’s right to a fair trial was breached due to alleged police misconduct.

Mr Heritage said the prosecution had stated that five officers raided Punja’s home, but CCTV footage showed more than 10 officers were present.

He also claimed that not all statements were disclosed to the defence.

He further argued that the police search warrant lacked the official magistrate stamp and that the investigation officer’s statement incorrectly listed the incident as occurring in 2025 instead of 2024.

Magistrate Prasad ruled that, under Section 288 of the Criminal Procedure Act, the lower court is empowered to hear matters concerning alleged violations of constitutional rights.

He said the case would proceed as a voir dire trial before the trial proper.

The court intends to expedite the matter, which has been pending since 2023. A two-week schedule was set, with one week dedicated to each stage of the proceedings.

There are currently no agreed facts, and the State plans to call four witnesses.

State Prosecutor Livai Tuivuya requested a pretrial conference following the voir dire trial, which is set to conclude on November 27.

The trial proper will then run from November 30 to December 4.

Punja remains on bail.