Suva High Court judge Justice Daniel Goundar has overruled Defence lawyer Wasu Pillay’s objection to a prosecution witness in the trial of Australian couple John and Yvette Nikolic.
The court heard that John Nikolic’s lawyer objected to the admissibility of the scientific findings of the witness stating that she is not a qualified government analyst under the illicit drugs control act.
Justice Daniel Goundar highlighted his ruling this morning on the objection of a prosecution witness.
The witness Principal Scientific Officer at the Fiji Police Forensic Chemistry Lab.
The court heard that prosecution intended to give evidence that the alleged substances subject of the charges was scientifically tested by the witness at the Fiji Police Forensic laboratory and that the substances were found to be illicit drugs.
According to Justice Goundar the prosecution hoped to tender this as evidence.
The court also heard that the counsel for the second accused Wasu Pillay objected to the admissibility of the scientific findings of the proposed witness on the ground that she is not a qualified government analyst under the illicit drugs control act and to give evidence as to the nature of substances handed to her and the police for tests.
Pillay submitted that a scientific officer employed by the Fiji Police Force is not an independent agent to qualify as the government analyst under the illicit drugs control act.
Judge Goundar says it is not necessary to make a findings whether principle scientific officer employed by the Fiji Police force is a government analyst under the Illicit Drugs control act and has overruled the Defence’s objection.
John and Yvette Nikolic are jointly charged with two counts of possession of illicit drugs, one count of possession of arms and ammunition without a license and two counts of unlawful importation of illicit drugs.
It is alleged that the couple had imported 12.9 kilograms of cocaine and 34.4 grams of methamphetamine with an estimated value of between $20 million to $30 million.
It is also alleged that they failed to declare that they had in their possession two pistols with 112 rounds of live ammunition.
Meanwhile both the defence counsels will be submitting no case to answer tomorrow.