Nadi woman and son acquitted of meth possession charge

A Nadi woman and her son have been acquitted by the Nadi Magistrate Court of unlawful possession of illicit drugs.

Asena Vakabiuwaqa and Joseph Miller faced one count of unlawful possession of illicit drugs under Section 5(a) of the Illicit Drugs Act 2004. They appeared before Resident Magistrate Mareta Tikoisuva today.

The court heard that on September 14 last year in Nadi, the pair allegedly had 5.94 grams of methamphetamine in their possession without lawful authority.

The prosecution called five witnesses during the trial. The accused did not give evidence and there were no agreed facts between the parties.

Magistrate Tikoisuva found there was doubt over the legality of the search and seizure at the accused’s home and whether the seven clear plastic bags containing white crystals seized were proven to be methamphetamine.

The magistrate ruled that the prosecution had failed to prove beyond reasonable doubt the essential elements of the offence.

Vakabiuwaqa and Miller were found not guilty and acquitted. The State prosecution has 28 days to appeal the decision in the High Court.