THE prosecution didn’t obtain a proper search warrant to extract evidence from two accused persons, the High Court in Suva heard yesterday.
In court before Justice Daniel Goundar were former fisheries minister Kalaveti Ravu and the ministry’s northern regional manager, Tekata Toaisi whose messages on the Viber app on their phones were extracted without a proper warrant by FICAC officers .
Defence lawyer Tevita Vakalalabure argued that FICAC, which had initially prosecuted the case, should have obtained a warrant under the Cybercrime Act for the extraction of data from the men’s mobile phones. The case is now handled by the Office of the Director of Public Prosecutions.
Mr Ravu was accused of interfering in a ministerial investigation into the suspected illegal trade of a banned beche-de-mer species.
Mr Toaisi was accused of aiding the former minister between July and August 2024. Both men were acquitted on February 28 this year at the no-case-to-answer stage by Magistrate Jeremaia Savou.
At yesterday’s session, Mr Vakalalabure objected to the prosecution furnishing the search warrant in court because constitutionally, it should have been served 21 days before trial.
He told Justice Goundar three prosecutors were handling the trial, and they could have applied for a voir dire if they wished to have the Viber messages tendered in court, but they didn’t.
He concluded his submission by saying the magistrate was judicious, fair, and correct in his ruling.
But acting DPP Nancy Tikoisuva submitted that while the magistrate did not give the prosecution an opportunity for the State to reconsider its case, she argued the former minister and Mr Toaisi voluntarily agreed to have their data extracted with a search warrant.
She said the magistrate also failed to consider the legal test, which led to three key pieces of evidence not being tendered — the extractions from both the former minister and Mr Toaisi, the extraction report from both phones, and failure to undertake any assessment of the arbitrary act at the no-case-to-answer stage.
Justice Goundar will deliver a ruling on August 25.
