The High Court in Suva has sharply questioned the Department of Immigration’s move to declare Canadian national Joshua Rahman a prohibited immigrant and prepare to deport him to Canada, saying the action risked undermining ongoing criminal proceedings after his conviction was quashed and a retrial ordered.
Immigration officers were reportedly waiting outside the courtroom on Tuesday to remove Rahman following instructions from the Permanent Secretary for Immigration, a development that surprised both the defence and State prosecution. High Court Judge Thushara Rajasinghe pressed why the deportation order had been issued when the Court of Appeal has directed that Rahman be retried as soon as possible, saying forcibly removing him now would “only benefit him” and could frustrate the administration of justice in a matter of significant public interest.
Rahman, 31, was arrested in February 2019 in Caubati after authorities say they found 39.5 kilograms of cocaine with an estimated value of $31 million. He was found guilty and sentenced on October 12, 2021, to 23 years imprisonment, but the Court of Appeal has since set aside that conviction and ordered a retrial. It is that retrial process that the High Court said must not be prejudiced by an immigration action that would remove him from Fiji’s jurisdiction.
Defence lawyer Devanesh Sharma told the court Rahman is entitled under Section 13(d) of the Immigration Act to remain in the country without a permit while awaiting a retrial. The judge agreed that the immigration declaration directly affected the State’s position in the criminal case, placing the court in a difficult situation, and directed Acting Director of Public Prosecutions Nancy Tikoisuva to write to the Permanent Secretary and seek an injunction in the appropriate court to prevent deportation while the matter is before the judiciary.
Tikoisuva later told the court she had spoken with the Permanent Secretary, who gave an assurance that Rahman would not be deported while the case remains under consideration. Justice Rajasinghe warned immigration officers they could face contempt proceedings if they attempted to remove Rahman without the court’s permission, stressing that the criminal proceedings remain active and any unilateral removal would be unlawful interference with the trial process.
Rahman was granted bail by the High Court under strict conditions: a non-cash bond of $2,000 with three sureties, and an order to report to the Nabua Police Station twice a week. The matter has been adjourned to April 13 for further directions.
The episode marks a new flashpoint in the case, underlining a potential clash between immigration enforcement and the judiciary’s responsibility to ensure accused persons remain available for prosecution. With the Court of Appeal having ordered a retrial in a case that involves a substantial quantity of drugs and strong public interest, the High Court’s steps to secure an injunction and its warning about contempt signal that any attempt to deport Rahman before legal questions are resolved will face robust judicial scrutiny.
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