Seven plead not guilty in major Nadi drug case

Drug accused Chukwemeka Phabian claims he did not give police officers consent to extract information from his phone.

The Nigerian national is one of seven individuals charged with one count of unlawful importation of illicit drugs.

His lawyer, Unaisi Baleilevuka, told the court she would challenge the admissibility of the evidence.

She said: “The issue with my client was he gave consent for the person to extract that information from his phone or whether they had followed the right procedures,” Ms Baleilevuka said.

“The phone was confiscated from him, and he didn’t have any consent so there should be a search warrant. The disclosers don’t show any search warrant."

State prosecutor John Rabuku responded that during investigations, items are first confiscated, and then consent is sought to access them.
“They can only extract data if consent has been given,” he said.

The seven accused are Phabian, Are Tania, a suspended police officer with three others Counter Narcotics Bureau police officers, Apenisa Matadigo, Viliame Nalagi, Uraia Bolalailai, Fiji Airways driver Neumi Donumainasava and the head of the Fiji Revenue and Customs Services (FRCS) Intelligence Unit Osea Raicama Dakai.

Dakai is charged with the importation of more than 4.8 kilograms of methamphetamine early this year.

Yesterday, the accused pleaded not guilty to their charges before Justice Aruna Aluthge at the High Court in Lautoka.

The remaining accused were represented by Redwood Law Firm, Fortis Lawyers and Consultants, Toganivalu Legal, and Legal Aid.

State prosecutor John Rabuku told the court they are relying on the caution interview, and that digital evidence will make up half of the prosecution’s case. He said the evidence was obtained by police during the investigation and has been disclosed to defence counsel.

The defence will now decide whether to contest the admissibility of the digital evidence.

The court has set a timeline for further submissions regarding the evidence, and the case has been adjourned to November 25.