The exhibits in the case against Paula “Ouch Mama” Nabuta and Joji Kaitani were mixed and now “cannot be told apart”.
The matter was called before High Court judge Justice Salesi Temo yesterday for trial, but after some deliberation with State prosecutor Zennith Zunaid and defence counsel Gavin O’Driscoll, it was decided the matter be adjourned for the prosecution to make its position on Mr Nabuta known after Justice Temo identified serious flaws in the case, and evidentiary issues.
The duo were arrested in September 2021, with Viliame Kanatabu, and charged with two counts of possession of illicit drugs.
A total of 912 grams of marijuana is alleged to have been found in a rental car hired by Mr Nabuta, and 6.4 kilograms of marijuana was alleged to have been found at Mr Nabuta’s house, at Newtown, Nasinu.
A nolle prosequi was filed for Mr Kanatabu on November 5, 2021.
The court was told there were no agreed facts for the case and that the prosecution was relying on the direct evidence of the police officers who received information that the accused were in possession of marijuana.
Justice Temo asked Mr Zunaid if the offence was being pinned on Mr Nabuta because he was driving the vehicle, and Mr Zunaid replied that the interview record showed he had knowledge of when and where the marijuana came from, although he earlier denied any knowledge of it, and said that the drugs belonged to Mr Kaitani.
Justice Temo said this was neither an admission nor admissible evidence.
“In the record of interview he admits to booking the rental car, driving it and the drugs being found in it,” he said.
“That’s not a confession.”
Mr O’Driscoll added the questions asked at the interview were leading and only had one answer.
Justice Temo then pointed out that the weights of the exhibits did not match – and three separate weights had been recorded in the case files.
Mr Zunaid asked for time to prepare the statement of facts and the State’s position on Mr Nabuta in the matter.
The matter will be called again on Wednesday
