Lautoka High Court Judge, Justice Aruna Aluthge says the successful $2 billion methamphetamine raid in December 2023, investigation and prosecution of the case proves that the Fijian law enforcement agencies, despite many challenges they face, are still capable of tackling the challenges posed by sophisticated drug cartels which were equipped with super yachts, satellite phones, encrypted messaging apps and the blessings of local politicians.
In his ruling, Justice Aluthge said the prosecution proved beyond reasonable doubt that Justin Ho and David Heritage jointly executed the master plan drawn by Australian businessman, Sam Amine to bring the largest ever hard illicit drug consignment into Fiji.
Justice Aluthge has ruled that it was further proved that each of the 9 accused at some stage encountered or was in control of the consignment with the intention to possess and knowledge that they were dealing with illicit drugs.
The judge said that the 6th accused, Jale Aukerea played a major role in financing and facilitating the transfer, storing and processing, while the 5th accused, Sakiusa Tuva played a medium role in recruiting, transferring and processing the drugs for local consumption.
He said others were small players drawn to the business due to poverty.
Justice Aluthge added that it was not crystal clear where this drug consignment originated and where it was heading.
The judge said that it can reasonably be inferred that it originated from a Latin American country and was heading to Australia or New Zealand where methamphetamine fetches a good price, while Fiji retains its position as the transit point.
He said it is evident that a small quantity infiltrated the local market and was used by the intermediaries to drug the recruits to work as peddlers and couriers or mules.
Justice Aluthge said there is evidence suggesting an involvement of a foreign drug cartel comprising Russians, Latinos and Aussies working in collaboration with Fijian counterparts.
However, he said there is no proof that a Russian mafia gang was involved.
The judge said the Russian mafia narrative was brought into the centre stage by the accused to buttress their defence of duress.
Justice Aluthge also highlighted the undetected importation of such a huge consignment of hard drugs into Fiji through sea routes proves how weak our border protection mechanism was.
He added there was alarming evidence that some officers of the Narcotics Bureau of the Fiji Police Force, whose task was to free Fiji from the drug menace, were complicit with drug dealers.
However, there is no plausible evidence that the accused in this case were deterred from reporting due to the trust issues with the Fiji Police Force.
He said there is no doubt that Sam Amine, based in Australia, with a foreign drug syndicate (Russian or Hispanic), orchestrated the shipment that delivered the consignment of methamphetamine into Fiji.
The judge highlighted that David Heritage and Justin Ho played major roles in importing and storing the drugs in Denarau.
He said that although Aukerea and Tuva played key roles in renting houses for storage, arranging transport and recruiting people, Justin Ho had been the controlling authority.
The judge highlighted that this was confirmed further by his post-offence conduct.
It was highlighted that Ho attempted to flee the Fiji jurisdiction to Wallis and Futuna with Louie Logaivou and Jale Aukerea.
Justice Aluthge said $21,000 cash found on Justin Ho suggests that he was the leader in the escape plan and the main beneficiary of the illicit drug activity in Fiji.
It has been revealed that Ho with the two others were arrested in Cobia island, a no-man's land, after he had gone missing from Nadi shortly after the drug bust in December 2023.
Justin Ho, David Heritage, Louie Logaivau, Jale Aukerea, Sakiusa Tuva, Ratu Aporosa Davelevu, Ratu Osea Levula, Cathy Tuirabe and Viliame Colawaliku will be sentenced on Wednesday.
