Vuda point drug charged duo front High Court
The duo were handed a sentence of 14 years imprisonment with a non-parole period of 12 years and they had appealed against their conviction and sentence to the Fiji Court of Appeal.
Australian national Joseph Abourizk and former Fijian taxi driver Josese Muriwaqa appeared at the High Court in Lautoka on Friday.
This is the case of Abourizk and Muriwaqa who 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 duo were handed a sentence of 14 years imprisonment with a nonparole period of 12 years and they had appealed against 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 this year 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 (DPP) notify the court of an order of a new trial if proposed to do so. The DPP 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 on Friday before High Court Judge, Justice Sunil Sharma and both accused persons were represented by Abhay Kumar Singh of AK Singh Law while the state was represented by Semi Babitu.
Mr Babitu told the court that the state was awaiting Justice Sharma’s guidance in regards to submissions.
Justice Sharma queried whether there would be any issues with the matter heard in Suva.
Mr Babitu told the court that the state did not have any issues with the matter also being heard in Lautoka since the matter was from Lautoka.
Justice Sharma said at the present time he had not received the volumes of the court records and that he was fully booked with cases till June 2023, however he intended to inform the Honourable Chief Justice Anthony Gates about the situation and see what alternative there was.
The court heard that a mention date would be set for the matter to be sorted.
Justice Sharma asked Mr Singh when he would be in Lautoka next and Mr Singh told the court he would be in Lautoka for a civil hearing on October 4 however he would inform the court clerk if there were any changes.
The matter was adjourned to October 4, for mention.