State v Dreduadua - Ruling [2016] FJHC 455; HAC08.2015 (26 May 2016)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

Criminal Case No. HAC 08 of 2015

STATE

V

ETUATE DREDUADUA

Counsels: Mr. L. Fotiofili for the State
Accused in person

Date of Application: 25 and 26 May 2016
Date of Ruling: 26 May 2016

RULING
NO CASE TO ANSWER

[1] At the end of the Prosecution case, the unrepresented accused makes an application that there be no case to answer.

[2] He files homemade submissions which detail the legal requirement for such an application and in which he relies on the relevant case of SisaKalisoqoCr. App 52 of 1984.

[3] He submits that there is no evidence before the Court that the land belonged to him, which he says is an important element of the offence.

[4] Furthermore, he submits that there was no production into evidence of the plants seized.

[5] He further adds that the evidence was contradictory and unsatisfactory and cannot be relied on.

[6] The offence of cultivation of illicit drugs is proved only by evidence of cultivation and ownership of the land being cultivated is irrelevant.

[7] It is not essential that the drugs be produced in Court. Descriptions of the seizure and a chain of evidence through to the Chemist is enough evidence to found a prima facie case.

[8] Although the accused was not present at the time of the raid, the evidence of his nephew who was staying in his house is sufficient to make a strong circumstantial case against the accused.

[9] There is someevidence and therefore the application is dismissed.

P.K. Madigan
Judge
At Labasa
26 May 2016