The Fiji Court of Appeal has overturned the conviction of Fiji-Canadian national Joshua Aziz Rahman, who was originally sentenced to 23 years in prison in October 2021 for possessing more than $30 million worth of cocaine. The court found errors in the High Court’s judgment, particularly in how it addressed the burden of proof concerning Rahman’s possession of the drugs, which were discovered in his father’s master bedroom during a police raid in 2019.
While the appeal court quashed Rahman’s conviction, it ordered a new trial be conducted “as soon as possible.” Although some of Rahman’s appeal arguments were dismissed, the court determined that High Court Judge Daniel Goundar had misdirected himself regarding the legal standards of possession under the Illegal Drugs Control Act. It emphasized that the prosecution must prove beyond a reasonable doubt that Rahman had control of the premises where the drugs were found.
The ruling indicates that for the presumption of possession to apply, the prosecution needed to establish that Rahman was in control of the premises. The court noted that it misjudged Rahman’s burden in countering this presumption, stating that he merely needed to demonstrate, on the balance of probabilities, that he neither believed nor had any reason to suspect that the substances found were illegal.
This decision reflects the court’s commitment to ensuring a fair judicial process, offering Rahman another opportunity to contest the charges against him. The retrial will ultimately seek to clarify the facts surrounding the case, providing a chance for justice to be duly served.
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