State objects to bail twice for Australian national
The High Court in Lautoka granted defence lawyer Mosese Naivalu time to file a response to prosecution’s objections to a second bail application for Australian national Joseph Abourizk.
Abourizk and Josese 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 on July 13, 2015.
The two were 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.
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 allowed.
It ordered that Abourizk and Muriwaqa’s convictions be quashed and the DPP notify the court of an order for a new trial if proposed to do so; however, the DPP made the application to apply for a new trial.
The Supreme Court ordered in August 2022 that the limited retrial be held by a High Court Judge other than the learned Judge who decided the case in the first instance.
Mr Naivalu said he received the state’s response to Abourizk’s second bail application on Tuesday and would need time to go through it with his client.
He sought a mention date next week before the pretrial conference hearing on April 27.
Justice Aluthge adjourned the matter to April 17 for bail hearing.