Australian national Ethan Kai who was convicted and imprisoned in 2014 for importing $30million worth of heroin is a free man.
Yesterday, the High Court in Lautoka released Kai citing the State’s inability to prepare for a retrial which has been before the Court for almost one year.
Justice Sunil Sharma ruled that Kai and his co-accused Mohammed Saheed Khan who is in Australia be released immediately and any restrictions on their movements be lifted.
Justice Sharma also terminated proceedings against the duo because of the State’s failure to proceed with the trial as scheduled.
Kai was charged on a count of unlawful importation of illicit drugs and jailed for 15 years for importing $30million worth of heroin in 2014.
Representing Kai were lawyers Mark Anthony and Robert Bancod Jnr of Millbrook Hills Law Partners while Assistant Director of Public Prosecutions (DPP) Laisani Tabuakuro and DPP lawyer Sheenal Swastika representing the State.
Assistant DPP Laisani Tabuakuro yesterday filed for a trial in absentia, a motion and an affidavit for Mr Khan who was acquitted by the High Court in Lautoka in October 2015.
However, this was refused by Justice Sharma.
Ms Tabuakuro said they wanted Kai and Mr Khan’s cases to be called together and asked for four weeks to prepare for trial.
This was again rejected by Justice Sharma who said there was no acceptable reason why the trial should be delayed yet again after dates were assigned in February this year .
Mr Anthony for the defence argued that the State had made no effort at all to bring Mr Khan to court saying no bench warrant was served to him.
He also said the applications submitted by the State yesterday were last minute efforts, calling it defective, without merit and not proper.
Mr Anthony said this showed the State’s inaction to prepare for the trial.
He said his client was not at fault for the more-than-one year delay in the trial which, he added, was a breach of his constitutional rights.
The State filed a nolle prosequi which was served in court yesterday afternoon.
Justice Sharma ordered Kai’s immediate release from the Fiji Correction’s Centre and cancelled any conditions restricting his movement.
