The Supreme Court today heard cross-appeals involving Fiji-Canadian national Joshua Rahman over the 2018 seizure of 40 kilograms of cocaine with an estimated street value of $31 million.

Rahman is appealing the Court of Appeal’s decision ordering a retrial after quashing his conviction, while the State is seeking to reinstate the conviction.

Appearing before Chief Justice Salesi Temo, Justice Anthony Gates and Justice William Young, Acting Director of Public Prosecutions Nancy Tikoisuva argued that any errors identified by the Court of Appeal did not result in a substantial miscarriage of justice and said the conviction should have been upheld.

Defence counsel Devanesh Sharma argued the prosecution failed to prove Rahman possessed or controlled the cocaine, maintaining the drugs belonged to Rahman’s father, who owned the property where they were found.

Sharma also criticised the police investigation, saying there was no forensic evidence linking Rahman to the drugs and investigators failed to properly examine electronic devices, financial records and communications.

Opposing the retrial, Sharma said Rahman has already spent about seven-and-a-half years in custody, witness memories have faded, one key witness has died, and a fresh trial would unfairly allow the prosecution to address weaknesses in its case.

The Supreme Court has reserved its decision and will deliver judgment on notice.