A High Court ruling in Lautoka has authorized the destruction of a batch of illicit drugs, specifically methamphetamine, that was previously held as police evidence. Justice Aruna Aluthge gave the green light for this destruction following an application submitted by the Office of the Director of Public Prosecutions (ODPP) under Section 30 (3) of the Illicit Drugs Control Act of 2004. This case is linked to Justin Ho and nine others who face charges for importing over 4.2 tons of methamphetamine into Fiji, valued at approximately $2 billion, last December.
In his ruling, Judge Aluthge outlined a series of procedures to follow during the destruction:
1. A police officer, not below the rank of Assistant Superintendent, must be designated by the Commissioner of Police (COMPOL) to oversee the safe incineration or disposal of the drugs.
2. A two-week notice must be given to the Court and all involved parties before the destruction, detailing the date, location, and method of disposal.
3. Legal representatives of the respondents may be permitted to observe the destruction, subject to security protocols.
4. The entire destruction process should be documented through photography and preferably video recording.
5. To maintain transparency, the ODPP may invite the Resident Magistrate to witness the destruction.
6. Upon completion, the responsible police officer must create a report, signed by him and two witnesses, confirming the drugs were disposed of in accordance with the Court’s order.
7. This report must then be filed in Court no later than two weeks after the destruction.
This ruling marks a significant step in the ongoing efforts to combat drug-related crime in Fiji and reinforces the judicial system’s commitment to transparency and due process in legal proceedings surrounding illicit drugs. The meticulous plan put in place for the destruction not only aims for compliance with the law but also serves to bolster confidence in the judicial system’s handling of drug offenses. The move can be seen as a hopeful indication that efforts to tackle drug trafficking are being taken seriously, fostering a safer environment for the community.
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