Australian, ex-taxi driver take not guilty pleas
Australian national, Joseph Abourizk, and former Fijian taxi driver, Josese Muriwaqa, pleaded not guilty to drugrelated charges at the High Court in Lautoka on Monday.
Abourizk and Muriwaqa were convicted and jailed by the High Court in Lautoka for one count of unlawful possession of 49.9 kilograms of cocaine near Vuda Point in Lautoka on July 13, 2015.
The duo was handed a sentence of 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.
Petitioners
The Supreme Court of Fiji, last April, 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 and their convictions.
It ordered that their convictions be quashed and the Director of Public Prosecutions (DPP) to notify the Court of an order of a new trial, if proposed to do so.
The DPP has made the application to apply for a new trial.
The Supreme Court of Fiji also ordered 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 was heard before Judge, Justice Aruna Aluthge. Abourizk’s lawyer, Mosese Naivalu, also represented Muriwaqa on the instruction of Suva lawyer, John Rabuku.
The State was represented by Sheenal Swastika, who served the particulars of the offence to the defence.
The court heard that without lawful authority on July 13, 2015, the duo were in possession of an illicit drug namely 49.9kg of cocaine Abourizk and Muriwaqa each told the court that they understood the charges and pleaded not guilty respectively.
Mr Naivalu sought another days from the court to consult with Abourizk on further instructions. Justice Aluthge said the accused persons had a right to an expedited trial date because of the period of time they had spent in remand, however, he would grant the defence 14 days to prepare for the pretrial conference hearing.
The case was adjourned to March 27, and the duo has been further remanded.