Justice Aruna Aluthge yesterday told David Heritage “you played a leading role in the drug operation” while sentencing him to 55 years imprisonment with a non-parole period of 25 years.
Justice Aluthge said he did not agree with his lawyers that he played a lesser role.
“You played a leading role in the drug operation, albeit not to the extent Justin Ho played. Most of the factors I considered in selecting the starting point for Justin Ho are equally applicable to you,” said the judge.
“You planned with Sam Amine and Justin Ho and received their instructions and money to facilitate the importation of the drugs into Fiji. You received $30,000.00 in advance and expected $2 million to complete the job.”
“You were fully aware of the scale of the operation and planned, organised and directed the shipment of the drugs into Fiji.”
The judge noted the aggravating factors in his case included the operation’s sophistication, involving superyachts, satellite phones, and encrypted apps.
“You exposed your brother-in-law Apenai to a risk when you sent him to the sea to bring in the drugs into Fiji. You paid the skipper of the barge generously and told him that you have links to the police and the army, apparently to discourage him from reporting to the police.”
The judge also questioned Heritage’s legitimacy as a businessman, stating, “I am not convinced you ran the David Marine Repairs as a front where you entertained the clients from the back door. You profited from the operation and used the tainted money to buy a generator and other equipment.”
Justice Aluthge noted Mr Heritage spent seven months in remand.
“Your personal circumstances do not persuade me to deduct your sentence significantly,” citing Heritage’s shift to challenging the prosecution at trial.
The judge set a starting point of 45 years, added 13 years for aggravating factors, and deducted 3 years for mitigating factors, arriving at the final 55-year sentence.