The Fiji Court of Appeal has overturned the conviction of Fiji-Canadian national Joshua Aziz Rahman, who was previously found guilty in 2021 of possessing over $30 million worth of cocaine. The appeal court identified significant errors in the High Court’s findings and ordered a new trial for Mr. Rahman “as soon as possible.”
In October 2021, Mr. Rahman was sentenced to 23 years in prison for having nearly 40 kilograms of cocaine, which was discovered at his home in Caubati in 2019. While the Court of Appeal maintained some of the original charges, it determined that High Court Judge Daniel Goundar had improperly instructed the court regarding the necessary proof Mr. Rahman needed to provide regarding his possession of the drugs.
The police had located the narcotics in the master bedroom of Mr. Rahman’s residence, which was usually occupied by his father, who was in New Zealand at the time of the search. The court noted that both Mr. Rahman and his father shared “joint control” of the property. According to section 32 of the Illegal Drugs Control Act, this implied that he was presumed to possess the drugs unless proven otherwise.
The court emphasized that the key factor to determine is whether Mr. Rahman actually possessed the controlled substances. It insisted that for the legal presumption to take effect, the prosecution must convincingly establish that the location where the drugs were found fell under Mr. Rahman’s control. The judgment pointed out that the trial judge misinterpreted the burden of proof resting on Mr. Rahman, who was only required to demonstrate, on the balance of probabilities, that he had no knowledge or suspicion regarding the illegal drugs found in his home.
The upcoming trial will give Mr. Rahman the opportunity to contest his charges anew, and it underscores the importance of precise legal standards in weighing issues of possession and control in drug-related cases.