The Supreme Court of Fiji has restored the conviction and prison sentence imposed on Canadian national Joshua Aziz Rahman over the possession of cocaine worth about $31 million.

Rahman had appealed the Court of Appeal’s decision ordering a re-trial after his conviction for possessing the cocaine was quashed.

The State appealed the Court of Appeal’s decision to quash Rahman’s conviction.

The appeals were heard before the President of the Supreme Court, Chief Justice Salesi Temo, Justice Anthony Gates and Justice William Young.

Rahman was convicted by the High Court of one count of unlawful possession of illicit drugs.

He was sentenced to to 23 years
imprisonment, with a non-parole period of 14 years, and has served around 5 years.

The case stems from a police search of a residence at Caubati Road on the 14th of February 14, 2019, where officers discovered about 39.5 kilograms of cocaine concealed in a drawer in a bedroom.

Rahman denied knowing about the cocaine or having any involvement in his father’s drug-related activities.

The Supreme Court found that the trial judge had made an error in interpreting Section 32 of the Illicit Drugs Control Act, which creates a factual presumption concerning possession of illicit drugs found on premises under the control of an accused.

However, the Supreme Court ruled that the error did not affect the outcome of the case.

The court found that the circumstantial evidence accepted by the trial judge was sufficient for the prosecution to prove Rahman’s guilt beyond reasonable doubt.

The judgment considered evidence including handwritten notes found at the residence, Rahman’s meetings with three men in Suva shortly before the discovery of the cocaine, and evidence relating to his father’s alleged involvement in drug transactions in New Zealand.

The Supreme Court has now dismissed Rahman’s petition, allowed the State’s petition, quashed the Court of Appeal’s decision and restored the High Court conviction and sentence.