The Fiji Court of Appeal has overturned the conviction of Fiji-Canadian national Joshua Aziz Rahman, who had previously been sentenced in 2021 for possessing over $30 million worth of cocaine. The appellate court identified major errors in the High Court’s ruling and has ordered a new trial for Mr. Rahman “as soon as possible.”
In October 2021, Mr. Rahman received a 23-year prison sentence for nearly 40 kilograms of cocaine found at his Caubati home in 2019. Although the Court of Appeal upheld some initial charges, it concluded that High Court Judge Daniel Goundar had misinstructed the court regarding the proof Mr. Rahman needed to establish concerning his possession of the drugs.
The police discovered the narcotics in the master bedroom of Mr. Rahman’s residence, typically occupied by his father, who was in New Zealand during the search. The court recognized that both Mr. Rahman and his father shared “joint control” of the property. Under section 32 of the Illegal Drugs Control Act, this joint control implies a presumption of possession, unless proven otherwise.
The court emphasized that the vital issue remains whether Mr. Rahman had actual possession of the controlled substances. It stated that for the legal presumption to apply, the prosecution must convincingly demonstrate that the location of the drugs fell under Mr. Rahman’s control. The judgment highlighted that the trial judge had mischaracterized the burden of proof on Mr. Rahman, who needed to show only, on the balance of probabilities, that he had no knowledge or suspicion of the illegal drugs present in his home.
The forthcoming trial will afford Mr. Rahman the opportunity to challenge the charges against him anew. This case underscores the necessity for precise legal standards in drug-related matters, particularly regarding possession and control, ensuring that justice is served fairly. As the legal process unfolds, there is hope for clarity and resolution for all parties involved.