The Lautoka High Court has given the nod for the destruction of more than 4.1 tonnes of methamphetamine, after the Office of the Director of Public Prosecution cited in its application that “the physical preservation of all the illicit drugs is not necessary for the purpose of court proceedings and that the seized drugs cannot be safely, securely or conveniently stored until the final determination of the case.”
In a statement this afternoon, the ODPP said the High Court granted the State’s application for the destruction of the meth in relation to the case of Justin Ho and others who were allegedly found with the illicit drugs in December last year.
The ODPP made the application after consultation with the Police Commissioner.
In granting the application, Justice Aruna Aluthge in his ruling this afternoon, made the following orders – that a police officer not under the rank of Assistant Superintendent of Police designated by the COMPOL is authorised to dispose of the illicit drugs by incineration, or other safe means of destruction.
In the orders, Justice Aluthge also said that before the destruction, two weeks’ notice shall be given to the Court and all the respondents, indicating the date, venue and modus operandi of destruction.
He said, subject to security protocols, the legal counsel of the respondents may be allowed to observe the destruction, the process of destruction shall be photographed and preferably video recorded.
Justice Aluthge said to ensure the transparency and judicial supervision of the destruction process, the ODPP may request the Resident Magistrate of the area where the destruction is to take place to observe the destruction process.
He said the police officer in charge of carrying out the disposal order shall prepare a report signed by him and two witnesses to the disposal stating that the illicit drug has been disposed of in accordance with the order.
Finally, he said the Report/ Certificate shall be filed in court no later than two weeks after the destruction.