Defence lawyer Mosese Naivalu filed a new application at the High Court in Lautoka on Monday for the return of his client, Australian national Joseph Abourizk’s, money which was not connected to his charge.

The amount of money yet to be returned to Abourizk was FJD$8000 and AUD$14,000.

Abourizk was convicted and jailed by the High Court in Lautoka for one count of unlawful possession of 49.9 kilograms of cocaine near Vuda Point on July 13, 2015, with co-accused Josese Muriwaqa.

The two were sentenced to 14 years imprisonment with a non-parole period of 12 years on April 29, 2016.

They appealed their conviction and sentence to the Fiji Court of Appeal, however the Office of the Director of Public Prosecutions (ODPP) appealed against their sentences.

The Court of Appeal increased their imprisonment terms to 25 years with a non-parole period of 20 years.

The Supreme Court of Fiji in April 2022 ordered the petitioners’ ( Abourizk and Muriwaqa ) application for leave to appeal to the Supreme Court to be granted and ordered that Abourizk and Muriwaqa’s appeals against their conviction were allowed.

It ordered that Abourizk and Muriwaqa’s convictions be quashed, and the Director of Public Prosecutions notify the court of an order for a new trial if proposed to do so; however, The DPP has made an application to apply for a new trial.

The Supreme Court of Fiji ordered in August 2022 that the limited retrial be held by a High Court Judge other than the learned Judge who heard and decided the case in the first instance.

The matter on Monday was heard before High Court Judge, Justice Aruna Aluthge and Muriwaqa was represented by John Rabuku while Assistant Director of Public Prosecutions Lee Burney and Mohammed Rafiq jointly represented the state.

Mr Burney said he would be seeking 14 days to file a response to Abourizk’s application.

The court heard prosecution would be calling eight witnesses for the trial proper, one of whom was a drug analyst.

Mr Naivalu told the court the defence would not be accepting the drug analyst report.

Justice Aluthge told both counsels to prepare for the trial which would take place on June 30, and he adjourned the matter to June 5 for the state to file its response to Abourizk’s application.

Story by: salote.qalubau@fijisun.com.fj