Defence counsels for the four men charged with alleged smuggling of migrants have made an application that there is no case to answer against their clients and they should be acquitted.
Defence lawyer Mehboob Raza highlighted to Magistrate Eperama Rokoika that the 13 Indian Nationals, who gave evidence as state witnesses, were brought into the country on valid visas.
Raza said even the Immigration Officer who gave evidence admitted that their visas were valid until the time it was cancelled by the Immigration Department after the Indian nationals were detained.
He also highlighted that there is no element of smuggling as alleged in the charge against his client while one of the accused was also to be a state witness before he was charged.
During the trial it was also revealed that the 13 Indian Nationals along with the accused persons were detained at the Central Police Station for 7 days without charges being laid. Raza said his client was charged before his interview was completed.
Raza also stated while cross examining the Investigating officer in the case that the witnesses and the accused were detained for more than 48 hours without charges under the pretext of the Public Emergency Regulation.
However, Raza stated in court that he would like to inform the Police and others in the disciplined forces that they have no such powers as the PER clearly outlines incidents where such powers are applied and it does not apply in the current case.
Magistrate Rokoika has adjourned the case to November 27th to make a decision on the application for no case to answer.
Three local businessmen, Rohit Prasad Trivedi, Satnam Singh, Surendra Menon and Indian national Sridha Nimmagadda are charged with various counts of smuggling immigrants for allegedly luring the 13 Indian Nationals into Fiji after promising them jobs, in exchange for large sums of money.
Meanwhile, all the 13 Indian Nationals, who were state witnesses, have been deported to Indian with the last witness leaving this morning.
