Court documents recently revealed that the Fijian State filed a request in May 2024 to destroy 4.15 tonnes of methamphetamine that had been seized in January 2024. Concerns from the Fiji Police Force about storing such a substantial quantity of drugs at the Nasinu Police Mobile Unit prompted this action. Through intelligence operations, the police expressed fears that maintaining the drugs could lead to potential interference, adversely affecting the integrity of the criminal justice system. Consequently, on December 13, the Lautoka High Court, presided over by Justice Aruna Aluthge, granted the order for destruction.
According to the Illicit Drugs Control Act, specifically Section 30, provisions are in place for the disposal of seized drugs. It mandates that if drugs are confirmed to be illicit via scientific analysis, the seizing officer must send the report to the Director of Public Prosecution. The law permits the Commissioner of Police to seek a court order to dispose of drugs if it’s deemed unnecessary to preserve them for legal proceedings and if safe storage is not viable.
Acting Assistant Superintendent of Police Josua Vosaki presented an affidavit to the court affirming the consignment’s weight and nature as confirmed by forensic analysis at the Fiji Police Laboratory. Each of the ten individuals charged had the option to engage their experts for independent testing but did not pursue this route seriously, despite being informed of their rights to challenge the analysis of the seized drugs.
The opposition to destruction raised by the defendants highlighted concerns regarding the photographs’ clarity of the drug quantity and discrepancies between the Analyst’s Certificate and the charge sheet. However, Justice Aluthge pointed out that any disputes relating to weight could still be addressed at trial without the need for independent analysis, emphasizing the importance of robust procedural integrity throughout the court process.
Justice Aluthge emphasized the challenge in storing such a significant volume of illicit drugs securely. The risk of interference in the handling of the drugs posed a danger to public safety and could compromise the justice process. Echoing the concerns of the police, he noted instances where even small drug quantities were stolen, highlighting the risk of drugs falling into the wrong hands.
Consequently, the court stipulated detailed orders for the safe and transparent destruction of the seized methamphetamine, including notifications to the court and defendants, the potential for legal counsel to observe, and documentation of the destruction process.
This ruling represents a significant step toward upholding the integrity of the legal system and public safety. By addressing the risks associated with storing large amounts of seized drugs, the court aims to mitigate potential dangers to society while ensuring that justice is served effectively.
Summary: The Lautoka High Court has ordered the destruction of 4.15 tonnes of seized methamphetamine due to concerns over safe storage and risks to the integrity of the criminal justice process. The ruling emphasizes the importance of following legal procedures and maintaining public safety while outlining strict protocols for the drug disposal process.
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