Hurtado’s acquittal set aside and re-trial ordered

The Fiji Court of Appeal has ordered that foreign national, Aiden Alec Hurtado’s acquittal be set aside and has also ordered his case to be re-tried before a differently constituted bench.

Hurtado was found not guilty by the Suva High Court for importing 20.5kg of cocaine into Fiji without lawful authority and the state had filed an appeal.

In the judgement, the Court of Appeal has noted that the trial judge did not consider in his judgement the circumstantial evidence of Hurtado’s conduct after he learnt that the Biosecurity was going to inspect his luggage that contained the drugs.

The Appeals Court has also said that the trial judge erred in finding Hurtado’s evidence of lack of knowledge regarding an illicit drug had a measure of credibility.

An appeal has been allowed in the matter.