LAUTOKA businessman Aiyaz Mohammed Mussa Umarji who was charged with being in possession of arms and ammunition without a licence was discharged of the charge by the court yesterday.
The acquittal by magistrate Mosese Naivalu in the Magistrates Court at Lautoka came after the Director of Public Prosecutions filed a nolle prosequi, which meant the DPP did not intend to continue proceedings against Mr Umarji.
The filing of the nolle prosequi followed submissions filed in court by defence lawyer Iqbal Khan on February 1 for the withdrawal of charges against the three accused persons in the case.
Mr Umarji, 40, Naushad Ali, 30 and Vijay Singh, 47, were alleged to have been in possession of 179 live M16 centre fire cartridges (ammunition) without a licence on January 1 this year.
In his submission, Mr Khan said the evidence with the State would not be able to stand in any court of law.
“We further advise that there is no evidence whatsoever on the question of control by the accused persons,” he had submitted.
“We further advise that there is no evidence whatsoever of possession by the accused persons. We further advise that there is no evidence of exclusive possession or control by the accused persons.”
Mr Khan submitted that control and possession without knowledge was no control or possession.
He advised the court that Mr Umarji’s business was also being affected because he could not travel overseas to import stock for his pharmacies and other businesses.
He also advised the court that Mr Umarji contributed to the finance of the country by paying taxes that would assist everyone in Fiji.
Mr Khan also advised the court that Mr Umarji had negotiated with a big foreign company before he was charged and he received an email from his suppliers who had advised that they would wait until his case was finalised.
“We accept that the police have rights to arrest and interview any suspect within 48 hours, which was done in this case,” he said.
“The police ought to have taken advice from the DPP’s Office in Lautoka as to the evidence they have whether any charges could be laid. They did not do so and hence our clients have suffered physically, mentally and financially.
“We submit with respect relying on the caution interviews of all the accused and prosecution witness statements there is with respect ‘not even a prima facie case against all the accused persons’,” Mr Khan had submitted.
On January 23, the three had been granted bail on strict conditions.
The men paid $5000 cash bail each and were ordered to provide sureties.
The court then ordered the men to report to the Lautoka Police Station every Wednesday and Saturday between 9am and 5pm.
Mr Umarji and his employees were also ordered to remain indoors at their homes every day from 6pm to 6am and not to interfere with State witnesses.
The three also surrendered all travel documents to the court registry.
Mr Khan wrote to the court after the acquittal yesterday for the return of Mr Umarji’s travel documents.
Mr Ali and Mr Singh, who also appeared in court yesterday, had applied for bail variation.
On the original condition that the men were to report to the Lautoka Police Station every Wednesday, their new lawyer Neil Shivam requested that this be reduced to once a month.
The request was made to ensure the two men were allowed to travel for work purposes around the country without constraint.
The State did not object and the two will now report to the Lautoka Police Station once a month.