State intends to retry acquitted man

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Image: FT/FILE

The State intends to proceed with a trial in absentia for Mohammed Shaheed Khan, who was acquitted by the High Court in Lautoka in October 2015 for the unlawful importation of 29.9kgs of heroin into Fiji in 2014.

This was made known to the court by State prosecutor Sheenal Swastika in the High Court in Lautoka this week.

Mr Khan’s convicted co-accused, Australian national Ethan Kai, was found guilty in 2015 and sentenced to 15 years in prison for one count of unlawful importation of illicit drugs.

In December, last year, the Fiji Court of Appeal ordered a new trial for Mr Khan.

“In the course of seven days, we intend to file a formal application for a bench warrant for accused number one (Mohammed Shaheed Khan) and we intend to proceed in absentia for the first accused,” Ms Swastika said.

She told the court they would obtain Mr Khan’s travel history and file a formal application for a bench warrant.

Justice Sunil Sharma, who presided over the matter, asked the prosecution why they were so late in the filing of applications with the matter scheduled soon for trial.

“Why so late? This matter has been scheduled for trial a long time ago,” Justice Sharma said.

Lautoka lawyer Mark Anthony appeared for the defence.

Justice Sharma has set a pre-trial conference hearing for July 10 and a trial for July 22.