Lawyers argue prosecution failed to establish Suva meth case

Lawyers representing several Asian nationals charged in an alleged methamphetamine case have asked the Suva Magistrate Court to dismiss the charges, arguing the prosecution has failed to establish a case for their clients to answer.

Defence lawyers Shirley Tivao, Jerry Dinati and Maria Raqa filed separate no case to answer submissions today before Magistrate Sufia Hamza.

Ms Tivao argued there was no evidence linking her client, Yu Yang Feng, to the drugs allegedly found at a Raiwaqa property.

She submitted that Feng was not at the scene during the police operation and that the prosecution had failed to prove he had possession, knowledge or control of the drugs.

Ms Tivao also challenged the legality of the police search, arguing officers entered the property without a search warrant or informed consent, based on evidence given by several witnesses.

She further submitted that police evidence contained significant inconsistencies, including where the drugs were found, how the search was conducted and how exhibits were handled.

Drug accused Josua Ravula and Peniasi Delai outside the Suva Magistrate Court on August 4, 2026.

Photo: Ronald Kumar

Mr Dinati, representing Peniasi Delai and Ginna Choi, argued the prosecution had failed to establish the essential elements of the offences.

He submitted there was no evidence either client possessed illicit drugs and questioned the integrity of the chain of custody, saying the exhibits were not properly preserved or documented.

Representing Josua Ravula, Ms Raqa argued the police operation was not originally directed at her client and that the prosecution had failed to prove he had exclusive possession or control of the room where the drugs were allegedly found.

She also questioned the reliability of the evidence and highlighted what she described as gaps in the chain of custody.

State prosecutor Eoghn Samisoni opposed the applications, submitting the prosecution had presented sufficient evidence for the matter to proceed.

Mr Samisoni argued the court could draw reasonable inferences from the evidence, including the discovery of Feng's passport, a vehicle allegedly linked to him and other evidence presented during the trial.

He also maintained the police search was lawful and said the issues raised by the defence should be determined after the conclusion of the trial.

Magistrate Hamza is expected to deliver her ruling on the no case to answer applications on August 14.