The 9 people in the $2 billion methamphetamine bust trial will be sentenced on the 28th of this month.
During the mitigation submission today, defence counsel for Ratu Aporosa Davelevu, Salvin Nand told the Lautoka High Court that fake soldiers should not be sent to jail because there are rehabilitation options and non-custodial sentences that should be considered.
He says there is no doubt that drugs are present in society, but the State has not provided actual evidence to show that they cause HIV.
Nand also says that the sentencing must reflect the gravity of the crime.
Davelevu also sought medical attention for a lower back issue before returning to the Remand Centre, however, Lautoka High Court Judge Justice Aruna Aluthge told him to see a doctor at the Centre.
His counsel informed the court that he had seen a doctor there, who had referred him to another doctor.
Justice Aluthge says he would need to see the referral document.
Defence counsel for Louie Logaivau, Mark Anthony says his client has been in custody for 11 months and has a medical condition.
He says that Logaivau has a medical review scheduled for the 20th of this month, after which a new medical report will be available.
Meanwhile, State Counsel Joeli Nasa informed Justice Aluthge that all the convicted individuals have no previous convictions except Justin Ho.
Nasa says Ho had pleaded guilty in a previous FICAC matter.
Ho’s defence counsel, Iqbal Khan says he would amend his written submissions since the State confirmed his client is not a first offender.
Justice Aluthge says that Ho should have informed him earlier.
Defence counsel for Sakiusa Tuva, Timothy Varinava says Tuva had a young family and an elderly father undergoing dialysis when Jale Aukerea approached him.
Varinava says Tuva was unable to make the right decision at the time.
He also told the court that Tuva had given evidence for the State, initiated a "Say No to Drugs" campaign in his residential area and plans to continue raising awareness about the dangers of drugs.
The State Counsel has urged Justice Aluthge to impose a sentence of 50 years for Justin Ho, David Heritage and Jale Aukerea.
They have also asked for 30-year sentence for Sakiusa Tuva and Louie Logaivau, and 20 to 25 years for Aporosa Davelevu, Ratu Osea Levula, Cathy Tuirabe, and Viliame Colawailiku.
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