Police never searched flat, court acquits woman in drug case

The Suva Magistrates Court has acquitted Zoe Maharaj Moore of a methamphetamine possession charge after finding serious gaps in the Police investigation.

In a ruling delivered earlier this week, Magistrate Shageeth Somaratne said the prosecution failed to prove beyond reasonable doubt that Moore was in possession of 0.0083 grams of methamphetamine on July 20, 2020.

A major issue raised by the court was that Police officers never searched the apartment where they claimed drug dealing was taking place.

The court heard that a Police task force team acted on information that a woman was allegedly selling drugs from an apartment. Officers went to the location without obtaining a search warrant, claiming they wanted to save time.

Police alleged that Moore voluntarily handed over a small plastic bag containing a white substance later confirmed to be methamphetamine.

However, Moore denied the allegation and told the court she was outside collecting rubbish when officers arrived. She claimed Police instructed her to pick up an empty plastic bag from the ground before taking her mobile phone.

Magistrate Somaratne questioned why officers failed to search the apartment for additional drugs or possible proceeds of crime, such as money, if they genuinely believed drug dealing was taking place there.

The court also found it difficult to believe that Moore, who was already out on bail for a similar drug-related matter at the time, would willingly hand over illicit drugs to Police officers.

The magistrate further noted inconsistencies in the evidence given by Police officers during the trial.

There were conflicting accounts about whether a female officer was present during the raid and what exactly she had observed. The court ruled that these inconsistencies weakened the credibility of the prosecution case.

As a result, Moore was acquitted of the charge.

Both parties have been given 28 days to file an appeal.