High Court to rule on Police access to accused man’s mobile phone

The High Court in Lautoka will determine whether Police can access the mobile phone of an accused man in a major drug importation case without his consent.

Justice Aruna Aluthge is expected to rule on an application involving accused Nigerian national Chukwuemeka Phabian, who is seeking the extraction of data from the mobile phone of co-accused Viliame Nalagi.

The court has been told that Nalagi’s consent was not obtained, raising key constitutional questions about privacy rights and lawful access to personal devices.

Nalagi and Phabian are among six people charged over the alleged importation of 4.8685 kilograms of methamphetamine into Fiji between March 30 and May 16, 2025.

The alleged offences occurred in Nadi, while some related activities are alleged to have occurred in Suva.

The other accused include Apenisa Matadigo, Uraia Tuidama Bolalaila, Neumi Donumainasava and Osea Raicama Dakai.

Matadigo, Bolalaila, Donumainasava and Dakai also face allegations of involvement in facilitating the importation of illicit drugs.

Dakai, a former chief customs officer with the Fiji Revenue and Customs Service, is additionally charged with breach of secrecy, allegedly for disclosing confidential information obtained during his official duties.

During yesterday’s proceedings, the court highlighted that Nalagi was not formally included in the application seeking access to his device, and stressed that his privacy rights must be considered.

Justice Aluthge noted that consent would normally be required, unless the court authorises otherwise.

The prosecution, represented by John Rabuku, said the admissibility of digital evidence could determine whether further charges proceed, especially in the absence of physical evidence such as intercepted cargo.

The matter has been adjourned to June 30 for further hearing.