Plea for leniency | Sentencing in meth case set for August 28

The lawyer representing Ratu Aporosa Davelevu yesterday asked the court to consider a non-custodial sentence for his client because he did not know the quantity of the 4.15 tonnes of methamphetamine consignment.

The nine convicted are Justin Ho (first accused), David Heritage (second accused), Louie Logaivau (third accused), Ratu Aporosa Davelevu (fourth accused), Sakiusa Tuva (fifth accused), Jale Aukerea (sixth accused), Ratu Osea Levula (seventh accused), Cathy Tuirabe (eighth accused) and Viliame Colowaliku (ninth accused).

They appeared at the High Court in Lautoka before Justice Aruna Alugthe during the mitigation submissions by their lawyers for a lenient sentencing.

Salvin Nand, who represented Davelevu, stated his client should not be in prison, adding that the option of rehabilitation should be placed on the accused.

He said the court should consider a non-custodial sentence for convicts who were in the lowest end of the tariff because of unfortunate circumstances.

Lawyer Timoci Varinava said his client, Tuva, had young children, his father was sickly, and he received financial support from the sixth accused, Aukerea.

Mr Varinava said his client could not make a decision on his involvement in this case because of family loyalty.

He said Tuva was the person who gave information on the drug consignment kept at the Maqalevu property in Nadi, pleaded guilty and gave evidence for the State during the trial.

Mr Varinava said he had given a supporting letter to the court for clarity as his client had been advocating for the “Say No to Drugs” program at his residential area in Votualevu, Nadi.

Meanwhile, the lawyer of the first accused, Iqbal Khan, told the court he would not be making any oral submissions but he would be relying on his written submissions, adding that he needed to make amendments.

Mark Anthony, the lawyer of the third accused Logaivau, said he was also relying on written submissions, adding his client was in the middle level players category.

Mr Anthony also requested a bail extension for his client which was approved by the court.

State counsel Joeli Nasa said all convicted individuals had nil previous convictions except for Justin Ho, who had pleaded guilty to a FICAC case.

Mr Nasa said he would be filing a supplementary submission before court closed yesterday.

Sentencing will be delivered on August 28.

The State is asking for 50 years for Ho, Heritage and Aukerea for their part in the importation of the drugs.

The State also submitted that Logaivau and Tuva have their sentencing start within 30 to 35 years as they were the middle level players.

For Davelevu, Levula, Tuirabe and Colowaliku, the State called for the starting point to sit within the lowest end of the tariff, preferably 25 years.