THE fourth witness faced further cross-examination in the High Court at Lautoka yesterday as the trial for the 4.15-tonne methamphetamine bust entered its third day.
The defence, led by Litiana Volau, re-examined the witness regarding David Heritage for giving his office key to the third accused Louie Logaivau.
The witness told the court some of these foreign men came to get their cars washed or have their hair cut at the Crew Cuts barbershop owned by Mr Ho. He also admitted Mr Logaivau and Mr Ho controlled the illicit operation.
Vaulina Cava, the lawyer for fourth accused Aporosa Davelevu, cross-examined the state witness next regarding the footage shown in court on Tuesday.
Ms Cava questioned him on what had happened to the containers with the damaged lids. The witness responded they were loaded in the truck and that Mr Davelevu was only called when they were already sealed and loaded in the vehicle.
The witness admitted that Mr Davelevu waited at the barbershop until the truck was loaded.
Acting Deputy Director of Public Prosecutions John Rabuku tendered two statements in court, one was of the owner of the property where David Marine Repairs was located and the second was for the driver of the Hiab truck used to transport the consignment from Fantasy Island to David Marine Repairs and returning the next day to load the nine plastics and transport them to Mr Ho’s warehouse.
The court heard the second immunity witness left to give evidence was not present in court.
Samuela Heritage, Mr Ho’s defence counsel, cross-examined the fifth state witness who rented out the vehicle used to transport the consignment.
The witness confirmed that Isaac Lesianawai was in the rental car and had informed him his boss wanted to rent a truck. He told the court he initially understood Mr Lesianawai did not want him to drive, but Mr Lesianawai later clarified he wanted the truck to be driven by his driver.
The court heard the bond fee for renting the truck was $1000, of which $700 was paid.
The witness told the court Mr Lesianawai told him his boss needed the truck to move some household items.
Mr Rabuku told the court the second immunity witness, who was absent from court, would take the whole day to cross-examine as he’d been arrested in Nausori but later gave information to the police about the methamphetamine consignment in Nadi.
“That particular witness (second immunity witness), we don’t want to call later, we want to call now, because he’s in a sequence of witnesses that follows the accounts. In particular, he’s the witness who triggered everything in this investigation,” Mr Rabuku said.
He told the court he intended to call two witnesses to give evidence but the State would first need to determine why the second immunity witness was not present in court.
The court heard the second immunity witness had two conferences with the State prior to the matter being called yesterday, and that the investigating officer spoke to him and his mother who both confirmed he would be present in court.
Mr Rabuku told the court the defence and the State agreed the statement made by one of the witnesses on January 24, 2024, could be admitted into evidence by consent.
The court heard the next witness left to be cross-examined would be giving evidence regarding Mr Davelevu, however, Mr Rabuku requested he be recalled today, as Mr Davelevu was excused from court earlier in the day.
Mr Rabuku told the court he had made arrangements with CID in Suva to locate the second immunity witness, and if he failed to appear in court today, a bench warrant would be issued for his arrest.
The State’s sixth witness and five immunity witnesses will be cross-examined today as the trial continues.
