The Suva Magistrate’s Court has acquitted Zoe Maharaj Moore of a count of unlawful possession of illicit drugs, namely methamphetamine.
Magistrate Shageeth Somaratne on Wednesday, May 20, ruled that the prosecution failed to prove beyond a reasonable doubt that Ms Moore was in possession of 0.0083 grams of methamphetamine on July 20, 2020.
The prosecution alleged that a police task force team acted on a tip-off regarding a woman selling illicit drugs at an apartment.
Operating without a search warrant to save time, officers claimed that Ms Moore voluntarily handed over a small plastic bag containing the white substance, which was subsequently confirmed to be methamphetamine. Ms Moore strongly denied the police account.
She testified that she was outside her compound collecting rubbish when officers arrived, instructed her to pick up an empty bag from the floor, and confiscated her mobile phone.
Magistrate Somaratne noted that the police failed to actually search the apartment itself, which cast serious doubt on the strength and credibility of the prosecution’s case.
The court found it difficult to comprehend why officers completely omitted a search of the premises to check for additional drugs, proceeds of crime, like money.
He said at the time of the arrest, Ms Moore was already out on bail for a similar hard-drug possession offence.
The court ruled it highly improbable and difficult to accept that an individual already on bail for a drug offence would willingly volunteer the illicit substances to confronting officers.
He also ruled that the testimonies of the raiding police officers contained notable inconsistencies.
Specifically, there were conflicting and unrecorded accounts regarding whether a female officer was even present at the scene and what she observed, which weakened the reliability of prosecutions version.
Parties have 28 days to appeal.
