CHIEF Justice Salesi Temo has questioned why seven cocaine bars remained in the Suva High Court’s exhibit system after a major drug conviction, saying a lawful destruction could have prevented the alleged theft.
Justice Temo expressed his “deepest concern” over the disappearance of seven of the 39 cocaine bars held by the High Court in Suva in the Joshua Rahman case.
Prosecutors, he said, should have moved the court to destroy the drugs once Rahman was convicted and sentenced – thus eliminating the risk of the drugs being stolen.
He said the issue should now raises questions about who led the prosecution and why the drugs were not destroyed after the High Court conviction, the Court of Appeal proceedings or the Supreme Court hearing.
“So, in my view, whoever is handling the prosecutor, is not organised,” he said.
Justice Temo pointed to the case of Justin Ho, where Acting Deputy Public Prosecutor John Rabuku successfully sought the lawful destruction of a large quantity of drugs before trial.
“So, normally, in a High Court trial of such a large magnitude of cocaine, if I was a prosecutor representing the prosecution, I would, as soon as I get a conviction and a sentence, ask the trial judge for the exhibit to be properly destroyed,” Justice Temo said.
“None of that was done.”
He said the prosecution had a duty to properly manage the exhibits.
