Supreme Court reinstates cocaine conviction for Fiji-Canadian national

Fiji's Supreme Court has overturned a previous decision, reinstating the conviction and sentence of Fiji-Canadian national Joshua Rahman for unlawful possession of illicit drugs. The ruling restores a High Court decision that had originally sentenced Rahman to 23 years imprisonment, with a non-parole period of 14 years, for possessing 39.5 kilograms of cocaine.

The Court of Appeal had previously quashed Rahman's conviction and sentence, ordering a retrial. However, the State appealed this decision, seeking to reinstate the High Court's original verdict. Rahman also filed a cross-appeal against the Court of Appeal's decision for a retrial.

A central issue in the Supreme Court's deliberation was the interpretation of Section 32 of the Illicit Drugs Control Act, which pertains to the presumption of possession when illicit drugs are found on premises under an accused's control. The Supreme Court clarified that this provision imposes an evidential burden, not a legal burden, on the accused, requiring them only to raise evidence sufficient to create reasonable doubt.

While the trial judge had initially referred to the burden as a legal one, the Supreme Court found that the correct standard was ultimately applied and that the prosecution had proven the offense beyond a reasonable doubt. The Court concluded that the conviction was supported by the evidence and that the initial error did not affect the final outcome. Consequently, the Supreme Court granted special leave to both parties, dismissed the defense's petition, and allowed the State's petition, thereby quashing the Court of Appeal's decision and reinstating the High Court's conviction and sentence.