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State v Fong [2005] FJMC 3; Criminal Case No 1273 of 2004 (4 February 2005)

IN THE RESIDENT MAGISTRATE’S COURT
AT SUVA

Criminal Case No. 1273 of 2004

STATE

V

SIMON FONG

For Prosecution: Sgt. Simpson
For Defence: In Person

JUDGMENT

The accused has been charged for being in possession of 16.7 grams of Indian Hemp and resisting arrest.

The Prosecution alleges that on 12/3/04 whilst on police patrol officers saw the accused act suspicious when the vehicle approached the fish stall at the market. The officers noticed the accused cross the road and threw a plastic bag into a heap of boxes next to a shop. One officer followed and saw the bag contain 11 rolls and 16 sachet of dried leaves. He arrested the accused. The accused resisted and tried to escape. He was overpowered by another corporal and brought to the station. Leaves handed over to the duty officer together with the parcel.

The items were analyzed and found to be "cannabis sativa" commonly known as Indian Hemp weighing 16.7 grams.

The accused elected to give un-sworn evidence in his defence. In his defence the accused alleged assault by arresting officer. He also denied that he was the owner of the items found by police.

I have considered whole of the evidence. The two police officers had seen the accused throwing the plastic bag of items into a heap of boxes near the shop. PW1 checked it and handed it to the duty officer. This officer (PW3) had the items analyzed and obtained report of analyst. He also interviewed the accused.

The accused in his interview (Q 10, 12, 13) stated he did not want to answer when asked about the drugs.

When asked about resisting arrest (Q 15) he said he will answer to the Magistrate. The prosecution has shown a nexus between the drugs as thrown by the accused till analyzed. I also accept the police officers evidence as against the unsworn evidence of the accused.

I find the prosecution has proved its case beyond reasonable doubt on both counts.

The accused is found guilty as charged.

Dated this 4th day of February 2005.

Ajmal Gulab Khan
RESIDENT MAGISTRATE