A man was acquitted of unlawful possession of cannabis and methamphetamine by a Supreme Court judge, who found the police search unlawful. In addition, prosecution failed to prove the charges beyond reasonable doubt.

Hon Mr Justice Niu in a verdict on May 15 acquitted Nisifolo Pisima’ake, after trial at the Supreme Court.

The accused had pleaded not guilty that he had in his possession 0.04 gram of cannabis and 129 milligrams of methamphetamine, when he was searched by police officers at a home in Havelu on February 20, 2019.

When the group of officers arrived there, the accused and another person were outside a workshop.

Police evidence

The Court heard from the evidence of one officer, the accused had said the cannabis pack found in his hand, belonged to him.

That evidence was not supported by any other witness.

Meanwhile, another officer in his evidence said, when he asked the accused, whose pack it was, the accused told him that he found it in the workshop.

The judge said, the evidence of these two officers contradicted each other.

The police officers then searched the workshop and vehicle inside the workshop and then came out and searched a car parked outside. 

One of the officers said there was pack of ice (methamphetamine) under the passenger seat of the car.

In regards to the methamphetamine, the judge said based on the evidence, he found that the pack was in the car before police searched it.

The methamphetamine pack was lying on the floor on a gap between the front passenger seat and the left door of the car. Yet, this officer, who was searching that side of the front passenger seat of the car, did not find the meth.

Another police officer, who also searched the car, however, found the pack, when he pulled out the rug under the front passenger seat, and it fell out.

The judge said, the accused denied any knowledge of the pack's presence in the car.

“If knowledge of the presence of the pack cannot be proved, possession cannot be established. Possession denotes control plus knowledge of its presence."

At the same time, no evidence was given that the accused had knowledge of the presence of this pack of methamphetamine in his car. 

Unlawful

The search was done without warrant.

The judge said based on the trial's evidence, he found that the search by the police was unlawful, and the said packs couldn’t lawfully be admitted as evidence. 

Furthermore, the prosecution failed to prove the guilt of the accused on the two charges beyond reasonable doubt, he said.

The charges were then dismissed and the accused discharged.