The trial for Chinese nationals Yu Yang Feng, Minghui Dai and Zhou Lan, who were allegedly found with methamphetamine and a large sum of money in Rewa Street, Suva, which was to begin today, has been vacated as the Office of the Director of Public Prosecutions intends to consolidate the case with 2 other cases where methamphetamine was allegedly found on the same premises and in Flagstaff.
State prosecutor Eoghn Samisoni told Magistrate Viniana Diroiroi that he is not ready for trial as they only received the file from Police Prosecution last Wednesday.
Feng, Dai and Lan's counsel Shirley Tivau says they oppose the application by the State as they are ready for trial.
She says the prosecution does not have any application in court for consolidation or transferring the case to another court.
Tivau says there is also no evidence to suggest that there is any relation between the three cases.
She says now the ODPP is now making their administrative problems a problem for the defence because they did not have the file.
The defence counsel says that the ODPP had the other files but still did not make the application.
She also says that her clients have been remanded in custody with very weak evidence where Feng was not even found on the Rewa Street property but was arrested on his way to Nadi.
Tivau further says that for Dai and Lan, the search on the property was unlawful as police did not have a warrant.
She says they went with another accused to get her passport.
The counsel says police had unlawfully entered the property by breaking the gate.
She says they saw white substances being flushed down the toilet but this evidence is neither here nor there as police photos do not show this.
Tivau also says that they want to drag this matter so that police can find something against the three.
She had also asked for $5,000 as cost if the trial is vacated.
Tivau also says there is no response from prosecution for over a month regarding their bail application.
In his response, State prosecutor Samisoni says Tivau's submissions are premature in nature.
He is seeking the court's approval to transfer the case to either Magistrates Court 2 or 6 where the other cases are being called so that it could be consolidated.
Samisoni also says they do not know why the case was sent late to them but it is with the ODPP now.
He also sought for time until Thursday to respond to the bail application but has indicated that they will be against granting them bail.
While ruling, Magistrate Diroiroi says it is neither the ODPP or the defence's fault that they are not ready for trial.
She says Police Prosecution did not transfer the file to the ODPP a week before the trial so the witnesses were not summoned.
The Magistrate says it is therefore administratively impossible to hear the trial today.
She also says that she will need to seek the Chief Magistrates advice on transferring the matter.
Meanwhile, the bail hearing will take place next Tuesday.
All three are each charged with one count of unlawful possession of illicit drugs for allegedly being found with 39.509 grams of methamphetamine.
Lan is charged with possession of property suspected to be proceeds of a crime for allegedly being found with $7,180FJD, $60USD, $1,520 Hong Kong currency and 1,600 Chinese Yuan.
Feng is also charged with unlawful supply of illicit drugs.
It is alleged that, without lawful authority Feng engaged in dealings with other persons for the transport and supply of methamphetamine.
He is also charged with being in possession of property suspected to be proceeds of a crime.
Feng was allegedly found with $906.25 cash.
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