Joshua Rahman, a Canadian national accused of drug offenses, faces an uncertain future after being declared a prohibited immigrant by the Permanent Secretary of Immigration. Even after his conviction for possessing 39.5 kilograms of cocaine was annulled and his 23-year prison sentence overturned, immigration authorities were ready to deport him back to Canada.
Rahman, 31, was originally apprehended with cocaine valued at $31 million in Caubati in February 2019, and he received his sentence on October 12, 2021. However, following a Court of Appeal decision, a new trial has been mandated.
During a recent court session, both Rahman’s defense team and the state prosecution expressed their surprise when immigration officers presented the prohibited immigrant declaration. Sadaf Shameem, the principal legal officer for the Director of Public Prosecutions (DPP), informed the court that while they did not oppose Rahman’s bail, the unexpected immigration status threw a wrench in their plans. She described a previous week’s correspondence with the Immigration Department, which requested no action be taken until further instructions, but this was overlooked.
Justice Rajasinghe emphasized the public responsibility of the DPP and instructed them to find a resolution to the matter. He noted that under the Bail Act, Rahman should not remain remanded as he has already spent two years and eight months in custody.
Rahman’s attorney, Devanesh Sharma, referenced section 13 D of the Immigration Act, which permits his client to stay in Fiji without needing a permit during his retrial process. The Judge instructed the DPP counsel to have the Acting DPP communicate with the Permanent Secretary of Immigration to seek appropriate court intervention. He cautioned that any attempt by immigration officials to remove Rahman without court approval could be interpreted as contempt of court.
The case has been postponed until 3:30 PM, with Rahman remaining in the court’s custody while a decision regarding his bail is anticipated. This unfolding situation emphasizes the complexities at the intersection of legal processes and immigration, reflecting the ongoing challenges in navigating justice and statutory obligations.
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