[File Photo]

The Suva Magistrate Court this morning vacated the trial of three Chinese nationals charged with drug offences in Rewa Street, Suva last month.

Yu Yuan Feng, Dai Ming Hui and Zhou Lan appeared before Magistrate Vinaina Diroiroi.

Prosecutor Eoghn Samisoni, representing the Office of the Director of Public Prosecutions, informed the court that they received the files of this case last week from police prosecution and they will not be able to conduct trial in such a short time frame.

He also told the court the ODPP intends to soon consolidate the charges for the other two related matters as well.

Defense counsel for the trio stated that Yu Yuan Feng did not have any drugs in his possession when he was arrested and the claim by state that the other two were flushing the drugs down the toilet when the police arrived at the Rewa street apartment can be contested in court.

They also claimed that police didn’t have any search warrant to search that property as they were there to seize the passport of another foreign national.

The defense told the court that the police also allegedly broke the gate when they unlawfully searched and arrested Zhou Lan and Dai Ming Hui.

Defense also claimed that there was no indication by state when they would call for trial if it was vacated by the court and they would drag this matter out further so that police could find something against the trio.

The Chinese nationals counsel submitted that the state doesn’t meet the threshold to vacate this trial.

However, Magistrate Diroiroi stated that after extensive submissions from both sides decided that it is administratively not possible for the state to conduct trial and therefore vacated the hearing.

There was no determination made for defense’s application for legal cost and the state informed the court that they needed more time to respond to the trio’s bail.

The Magistrate has given state until the end of this week to file relevant documents and the matter will be called next Tuesday for bail hearing.

The trio allegedly had 39.5 grams of methamphetamine in their possession while Zhou Lan is additionally accused of possessing foreign and local currencies believed to be the proceeds of criminal activities. Police allegedly seized $7180 fijian dollars, US$60,000 ($FJ136,000), $HK1520 ($443), and 1600 Chinese Yuan ($508) from her.

Yu Yuan Feng is also charged with two further offenses-illegally supplying methamphetamine and holding money suspected to be linked to crime.

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