High Court toughens drug possession sentence for former police officer

The High Court has overturned a Labasa Magistrates Court sentence that fined a former police officer $400 without recording a conviction, replacing it with a suspended three-month prison term and ordering that a conviction be entered.

Justice Daniel Goundar made the ruling after allowing the State's appeal against the sentence imposed on Sonal Naicker, who was convicted of one count of unlawful possession of 6.2 grams of Indian hemp (Cannabis sativa).

Naicker was sentenced to three months' imprisonment, suspended for two years on condition that he does not commit another offence punishable by imprisonment during that period.

The court heard that on July 2, 2022, Naicker was a serving police officer supervising two new recruits when he unlawfully possessed the drugs.

The evidence led by the State showed that he instructed another officer not to record the seizure in the station diary, placed the drugs in his own pocket and said he would destroy them himself.

Justice Goundar said these were serious aggravating features because they involved a breach of public trust, misuse of police office and set a poor example for junior officers.

The court also heard that Naicker was later found guilty of conduct prejudicial to good order and discipline during internal disciplinary proceedings and was dismissed from the Fiji Police Force on October 3, 2022.

The State appealed on the grounds that the magistrate failed to properly consider the aggravating factors and erred in principle by not recording a conviction, resulting in a manifestly lenient sentence.

Justice Goundar allowed the appeal, quashed the original sentence and ordered that a conviction be recorded against Naicker.