Magistrate blames prosecution for drug trial delay

Magistrate Viniana Diroiroi has ruled that the delay in the trial of three Chinese nationals charged with drug-related offences was caused by the police prosecution’s failure to hand over the case file to the Office of the Director of Public Prosecutions (ODPP) in time.

The delay prevented witnesses from being summoned, making it administratively impossible to proceed with the trial.

Magistrate Diroiroi said she would seek guidance from the Chief Magistrate on transferring the matter to another court for possible consolidation with two similar methamphetamine cases.

The ruling followed an exchange in court, where State prosecutor Eoghn Samisoni argued that defence submissions by lawyer Shirley Tivao were premature.

Tivao had strongly opposed the prosecution’s move to vacate the trial, claiming her clients, Yu Yang Feng, Minghui Dai, and Zhou Lan, were being held on weak evidence.

The three are charged in connection with methamphetamine and a large amount of cash found at a Rewa Street property in Suva.

Samisoni explained that the ODPP had only received the case file from police prosecution the previous Wednesday and needed time to respond to the bail application. He confirmed the State would oppose bail.

Tivao countered that the delay stemmed from administrative failures within the ODPP and alleged that police had unlawfully entered the Rewa Street property without a warrant.

She also claimed that one of her clients, Feng, was not present when the drugs were allegedly found, and that police photographs did not support their statement about white substances being flushed down a toilet.

She requested the court award $5,000 in costs if the trial was vacated.

The bail hearing has been scheduled for next Tuesday.