The Labasa Magistrate’s Court has convicted one of two men charged with possessing 32.8 grams of marijuana in 2022.
Solomone Bonasere was found guilty of unlawful possession of illicit drugs, while his co-accused, Abdul Shabbir, was acquitted.
In delivering her judgment, Magistrate Safaira Ratu heard that a police constable saw Bonasere throw a milk powder packet onto the driver’s seat while Mr Shabbir was seated there. The packet was later found to contain dried leaves believed to be marijuana.
Mr Shabbir, a taxidriver, told the court that he discovered the packet on the front seat and handed it to the police. An officer testified that during the search of the vehicle, two occupants fled the scene, and that Mr Shabbir was seen opening the rear passenger door and retrieving a milk powder packet.
Ms Ratu found that Mr Shabbir was carrying out his normal duties as a taxidriver and that refusing passengers could negatively affect his business. She ruled that he had rebutted the presumption of possession on a balance of probabilities and had no knowledge of the drugs.
However, the court found Bonasere’s defence to be a “blanket denial,” rejecting his claim that he neither ran from police nor threw the packet. The prosecution’s case against him was accepted, resulting in his conviction.
Mr Shabbir was represented by lawyer Mohammed Saneem of Saneem Lawyers.
