Mitigation submissions were heard today in the Lautoka High Court as nine defendants in Fiji’s largest drug trafficking case prepared for sentencing over the 4.15-tonne methamphetamine operation. The hearing before Justice Aruna Alugthe focused on individual circumstances and the potential for non-custodial options, ahead of a scheduled sentencing date of August 28.
The defendants are Justin Ho, David Heritage, Louie Logaivau, Ratu Aporosa Davelevu, Sakiusa Tuva, Jale Aukerea, Ratu Osea Levula, Cathy Tuirabe, and Viliame Colowaliku. Throughout mitigation, counsel sought leniency and, in some cases, rehabilitation as alternatives to prison.
Davelevu’s lawyer, Salvin Nand, argued that his client should not face imprisonment, urging the court to consider rehabilitation and a sentence at the lower end of the culpability scale for those with limited involvement. He emphasized that Davelevu’s role was comparatively minor within the broader operation.
Timoci Varinava, representing Tuva, highlighted personal and family circumstances: Tuva has young children, a sick father, and received financial support from Aukerea. Varinava noted Tuva’s loyalty to his family and his limited ability to decide his involvement, given the family dynamics. Tuva had also provided information about the drug stock at the Maqalevu property in Nadi, pleaded guilty, and testified for the State during the trial. He has been involved in community drug-prevention efforts, including advocacy for a “Say No to Drugs” program.
For Ho, Iqbal Khan indicated he would rely on written submissions and would need time to amend them, rather than presenting oral arguments. Mark Anthony, who represents Logaivau, said his client sits in the middle tier of culpability and also submitted written material; Anthony obtained a bail extension for Logaivau, which the court granted.
State counsel Joeli Nasa noted that aside from Ho, all defendants had no prior convictions. He signaled that the State would file a supplementary submission before the court’s close for the day.
Sentencing in this sprawling case is set to occur on August 28. The State has signaled a stark range for the defendants: a starting point of around 50 years for Ho, Heritage, and Aukerea; roughly 30 to 35 years for Logaivau and Tuva; and a starting point near 25 years for Davelevu, Levula, Tuirabe, and Colowaliku. These ranges reflect the defendants’ roles in the alleged importation and possession of the drugs and the involvement of those with alleged proceeds of crime charges.
Context and what to watch:
– Several defendants have already indicated guilty pleas, which can affect witness requirements and streamline the trial process.
– The court will weigh individual culpability, pleas, and any mitigating evidence in determining final sentences.
– The ongoing emphasis on rehabilitation and community-focused programs suggests a potential for alternatives to lengthy imprisonment for those with lower culpability or compelling mitigating circumstances.
– The case remains a landmark in Fiji’s fight against large-scale narcotics trafficking and will likely influence public confidence in the judiciary’s approach to deterrence and accountability.
Summary: Today’s mitigation hearing underscored the court’s effort to balance punishment with rehabilitation where appropriate, while the State pushes for substantial prison terms given the scale of the operation. As sentencing approaches, observers will be watching how the judge integrates each defendant’s role, pleas, and personal circumstances into the final outcomes, with an overarching aim of deterring future drug trafficking and protecting community safety.
Commentary: The defense’s focus on individual circumstances and rehabilitation signals a broader judicial trend toward nuanced sentencing in Fiji’s high-profile drug cases. The inclusion of a “Say No to Drugs” initiative by Tuva could have a constructive community impact if carried forward after release, reinforcing the case’s broader public safety objectives.
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