Yvette Nikolic’s lawyer Ronald Gordon says his client should be found not guilty of drugs charge
As the trial against alleged Australian drug smugglers Yvette and John Nikolic continues, a Fiji court has heard that she had no knowledge of the contraband that was found aboard the couple’s yacht.
National
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The prosecution’s own evidence in the 10-day trial against alleged Australian drug smugglers Yvette and John Nikolic exonerated Mrs Nikolic, who paid for, but had no control over, the yacht Shenanigans, the Suva High Court heard this morning.
Lawyer Ronald Gordon, for Yvette, said his client should be found not guilty of drug importation.
He added the charges of drug possession and possession of arms and ammunition were “defective” and “bad in law” as they related to his client, because no evidence had been presented throughout the trial showing Mrs Nikolic had in fact been in possession of the drugs or weapons found on the yacht at any time, or had any knowledge of their existence.
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Yvette Nikolic was not “master, captain or person in charge of the yacht, hence she didn’t have control of the yacht”, Mr Gordon told the court in the course of making a ‘no case to answer’ submission.
“There was no intention or knowledge on the part of Mrs Nikolic,” who was also fully co-operative with the search and seizure on Shenanigans, he said.
Witnesses had told the court they heard John Nikolic say that his wife and fellow crew members knew nothing about the drugs, Mr Gordon said.
The importation charge against both Yvette and John was also flawed because the drugs did not reach “the intended recipient”, Mr Gordon told High Court judge Daniel Goundar.
For a charge of importation, drugs had to reach their intended recipient, he said.
Because the drugs had been found on the Nikolics’ yacht by Fiji customs officials and seized, this had not occurred, so there could be no charge of importation, Mr Gordon said.
Upon conclusion of the witness evidence, the court should find Yvette Nikolic not guilty because there was no evidence she had committed any of the offences she had been charged with, Mr Gordon said.
The court heard a ‘no case to answer’ submission would no longer be made by lawyer Wasu Pillay, on behalf of John Nikolic.
Both Yvette and John Nikolic have pleaded not guilty to charges of drug importation, drug possession and weapons offences after 13 bars of cocaine, undeclared weapons and ammunition was found on their yacht during a raid by Fiji authorities at Denarau Marina on June 22 last year.