Defense files no case to answer application for Yvette Nikolic
February 15, 2019 12:41 pm
Yvette and John Nikolic
Defense lawyer for Yvette Nikolic has filed a no case to answer before the Suva High Court this morning.
Yvette and John Nikolic, a couple from Australia have been charged for drug-related offenses.
The defense lawyer stated that for counts one and three, the accused has been charged for the illegal importation of illicit drugs and ecstasy tablets and the charge is defective.
The defense stated that the importation was never complete as the drugs did not reach the designated recipients.
The defense also stated that prosecution failed to prove that Yvette had intention or knowledge of the drugs on board the Shenanigans.
For the charges of being in possession of illicit drugs and arms and ammunition, the defense filed that the accused had filled a statutory declaration according to her knowledge and had no knowledge of the presence of the drugs, arms, and ammunition on the yacht.
The defense claimed that all charges for the first accused are defective.
DPP lawyer Lee Burney in his response says both the accused have a case to answer before the Fijian Judicial system.
Burney says bringing the drugs to Fiji at any point in time is illicit importation of drugs.
The lawyer for John Nikolic has also stated that his client will not file a no case to answer application.
He is yet to reveal whether his client will exercise his right to remain silent, take the stand or call in witnesses to prove his innocence.
The case is underway before Judge Justice Daniel Goundar.