Man acquitted of drug charges after warrant lapse

A house owner of Batinikama was acquitted by the Labasa Magistrate Court after Police failed to execute a search warrant.

Sheik Mohammed Ali, charged with one count of unlawful possession of illicit drugs and one count of breach of bail condition, appeared before Magistrate Amelia Korodrau on Friday for no case to answer ruling.

He was represented by lawyer John Prasad.

It is alleged that on December 7, 2023, Ali possessed 4.8 grams of methamphetamine.

The prosecution produced six witnesses, and they were all employees of the Fiji Police Force.

The court heard that when police officer Viliame Kanawale entered Ali’s house with K9, Tiny, a trained dog during a drug raid, it indicated that something was hidden near the sink.

Upon search, they found two ziplock clear plastic bags containing white substances believed to be methamphetamine and arrested the accused.

The Court heard that none of the officers who entered the residence of the accused on that day explained to the Court why they waited for four months to execute a search warrant which none of them applied for except Corporal Solomone Tuiwanikai.

Magistrate Korodrau said in court that a search warrant was not a blank cheque for the Police to wait indefinitely and then raid a house or location several months down the line when they please.

She said the officer who should have come to give evidence to explain why they did not execute the warrant soon after it was issued, never took the stand in court.

She said the delay was lengthy and no justification was provided and the constitutional rights of the accused and public trust must be protected.

Thus, the charges against Ali were dismissed and he was acquitted on both counts.