A trial of two females accused of attempting to smuggle marijuana out of the country onto a flight to Kiribati in 2019, has been completed in the Honiara Magistrate’s Court.
Etekia Kauai and Beatrice Umea are facing the charge of Attempting to Export a Dangerous Drug, Indian Hemp.
The hearing of evidences into this case started on Wednesday before Deputy Chief Magistrate Ricky Iomea, with the prosecution calling six witnesses.
The two accused opted to remain silent after prosecution closed its case on Friday.
Their lawyers will be making the closing submissions this Friday.
This is a second trial conducted on this matter after it was remitted to the Honiara Magistrate’s Court for re-trial by the Court of Appeal.
The Court of Appeal (COA) dismissed an appeal made by Kauai against a High Court judge to remit the case to the Honiara Magistrate Court.
The three- judge panel then directed that the matter be remitted to the Honiara Magistrate court to be heard or tried by another Magistrate.
The two accused had stood a three-day trial commencing on 2 December 2019, after they pleaded not guilty to the charge.
Chief Magistrate Emma Garo acquitted them after she found that prosecution failed to prove beyond reasonable doubt that the contents of eight packages packed in a plastic bag inside a woofer speaker were marijuana.
She said there was no certificate signed by a government chemist produced to the court, pursuant to Section 42 of the Dangerous Drugs Act.
She also dismissed a submission by the prosecution that she should find Umea guilty of the alternative – lesser charge of endangering safety of persons travelling by aircraft or vehicle or vessel.
The Office of the Director of Public Prosecutions then appealed Chief Magistrate’s decision to acquit both defendants.
Judge Leonard Maina, who heard the appeal, concluded that the agreed facts established the contents of the plastic bags was Marijuana and that there was no mandatory requirement for the production of a certificate under Section 42 of the Dangerous Drugs Act to be signed by a government chemist.
He then allowed the appeal, quashed the acquittals and remitted the matter to the Magistrate’s Court to be reheard or tried by another magistrate.
Kauai appealed Judge Maina’s decision and the matter was then heard before the Court of Appeal.
The Court of Appeal also agreed with Judge Maina’s decision to have this matter remitted to the Honiara Magistrate Court for re-trial before another Magistrate.
Prosecution alleged Kauai packed eight packets of Indian hemp inside a speaker in 20cm-by- 20cm plastic bags on 19 June 2019
This was taken to the airport where Ms Umea was on check-in-duty for Solomon Airlines.
Kauai took the package to her and she accepted it as an unaccompanied luggage but tagged the package to a passenger whom she has already checked in.
The package went through screening and raised suspicions as to its contents.
The speaker was unscrewed and the packets of Indian hemp were found.
Defence counsels Jennifer Happilyn and Delilah Kukura of Public Solicitor’s Office represent the two accused, while Public Prosecutor Augustine Aulanga appears for the Crown.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara
