Drug accused acquitted after police warrant delay

A drug accused has been acquitted by the Labasa Magistrate Court after Police failed to properly execute a search warrant.

Sheik Mohammed Ali, who was charged with one count of unlawful possession of illicit drugs and one count of breach of bail conditions, appeared before Magistrate Amelia Korodrau for a no case to answer ruling.

He was represented by Mr John Prasad of John Prasad Lawyers.

It was alleged that on December 7, 2023, Ali possessed 4.8 grams of methamphetamine.

The prosecution called six witnesses, all of whom were officers of the Fiji Police Force.

The court heard that when Police officer Viliame Kanawale entered Ali’s home with K9 unit dog Tiny during a drug raid, the dog indicated something was hidden near the sink.

A search revealed two clear zip-lock plastic bags containing a white substance believed to be methamphetamine, and the accused was arrested.

The court also heard that a search warrant had been issued in the case. However, none of the officers who entered the residence explained why they waited four months to execute the warrant.

The warrant had only been applied for by Corporal Solomone Tuiwanikai.

Magistrate Korodrau said a search warrant was not a “blank cheque” for Police to delay execution and conduct a raid months later at their discretion.

She said the officer responsible for explaining the delay did not give evidence in court, and no reasons were provided for the four-month delay after Police had initially indicated there were reasonable grounds to suspect an offence in August.

Magistrate Korodrau said the delay was lengthy and unjustified.

She said the prosecution bears the burden of proving that evidence is lawfully and fairly obtained, adding that the constitutional rights of the accused and public trust must be protected.

The charges against Ali were dismissed, and he was acquitted on both counts.