ODPP given hours to resolve Joshua Rahman immigration controversy

The Office of the Director of Public Prosecutions (ODPP) has been given three hours to address issues surrounding the possible deportation of recently acquitted prisoner Joshua Rahman.

Rahman, who had already served seven years of a 23-year prison sentence for a drug-related case in 2021, was acquitted by the Fiji Court of Appeal last month. The appellate court ordered that the matter be retried.

He was accused of possessing over $30 million worth of cocaine. The State prosecution is in the process of filing an appeal against that decision.

Rahman was present in the High Court in Suva this afternoon during an intense court proceeding, where the Director of Public Prosecutions’ principal legal officer, Sadaf Shameem, told the court that circumstances had changed after the Immigration Department labeled Rahman a “prohibited immigrant.”

Shameem said the ODPP had written to the permanent secretary of Immigration instructing them not to interfere with the case.

However, the matter was now beyond the State’s control, as the Department had issued a notice for his removal from the country.

Ms. Shameem suggested that the best option would be to remand Rahman. She also told the court that Immigration officers were waiting outside the courtroom for him to exit.

However, presiding judge Justice Thushara Rajasinghe questioned the State’s position, noting that this could be seen as an act of “blackmail”, because even if an injunction order were set, it would still have no effect, as the officers would still take Rahman away.

He said proper court processes had not been followed and questioned how the Permanent Secretary for Immigration could issue such an order while an active criminal proceeding was ongoing.

Rahman's lawyer, Devanesh Sharma, argued in court that under Section 13(d) of the Immigration Act, any person undergoing an active criminal proceeding cannot be labeled a prohibited immigrant.

Justice Rajasinghe said the State had a duty to protect its case and should find a way to remedy the situation.

Shameem told the court that the prosecution intended to write to the Permanent Secretary for Immigration regarding the matter.

However, the judge said if Acting Director of Public Prosecutions Nancy Tikoisuva were in the country, she should immediately address the issue.

The matter is expected to be called again at 3.30pm.