Drug accused acquitted after prosecution arrives without file

A self-employed farmer facing drug charges was acquitted by the Nasinu Magistrate Court on Monday.

This is after police prosecution appeared for the first day of trial without a file.

Lewis Cameron Tuiqaqa, who was charged in June 2024 for possession of 3.289 grams of methamphetamine and 3.286 grams of cannabis in Nausori, appeared with his lawyer Sitiveni Raikanikoda for the matter.

Magistrate Samanunu Vaniqi handled the matter.

Prosecution appeared without a file and sought a vacation of trial as they hadn’t subpoenaed their six witnesses.

Prosecution was questioned about this mishap because the matter had been dragging on from 2024.

The court also heard that prosecution failed to bring the drug exhibit to court.

Mr Raikanikoda told the court they were ready for trial and ample time was given to prosecution to prepare its case.

He said that while the charge showed his client was found in possession of the drug, his clients statement showed that the drugs were found around his taro plants outside his home.

He made an application under Section 166 of the Criminal Procedure Act seeking his client’s acquittal.

After much consideration, Magistrate Vaniqi acquitted Tuiqaqa, giving prosecution 28 days to appeal the matter.

She said prosecution was also at liberty to recharge Mr Tuiqaqa.

It was also ordered to have the drugs provided in court for assessment and proof while the rest are to be destroyed.