Tainted property is defined in section 4 of the Proceeds of Crime Act as property used in, or in connection with, the commission of the offence, property intended to be used in, or in connection with, the commission of the offence and proceeds of crime.
In a recent High Court ruling dated June 12, Acting Puisne Judge Penijamini Lomaloma revealed startling connections between the 4.1 tonnes of methamphetamine that were imported into the country and the properties they were kept in in Nadi. The ruling also confirms one of the properties was partially owned by the wife of Sam Amine who currently is in the custody of the New South Wales Corrections Service on drug related charges. The Director of Public Prosecutions filed an affidavit in support of the application sworn by Detective A/Corporal 5985 Talemaitoga Dautu on June 2, 2025. He is based at the Criminal Investigation Department Headquarters in the Anti-Money Laundering and Proceeds of Crime Unit. He is the investigating officer involving the financial investigations into the respondents, who are listed as Denarau Fitness Pte Ltd, Sam Amine, Rasha Kurdi and Mherina Amahaizabeen Ali Ahmed. The affidavit is 95 paragraphs long and supported by 69 exhibits containing the statements of witnesses and documentary evidence.
State lease No. 16827 — Lot 14 on SO 5486
The June 12 ruling by Acting Puisne Judge Penijamini Lomaloma states the first accused in the 4.1 tonnes meth case, Justin Steven Mashi Ho is charged with several offences contrary to section 4 (1), and Section 5 (a) & (b) of the Illicit Drugs Control Act for the unlawful import, possession, dealing, etc of more than 4.2 tonnes of methamphetamine, an illicit drug. These offences on conviction, carry a maximum sentence of a fine of $1,000,000 or imprisonment for life or both. The judge said he found the offences to be serious as defined in section 4 of the Proceeds of Crime Act. The judge explained the link between SL 16827, Being Lot 14 on SO 5486 and the offences. The application by the DPP relates to Crown Lease, CL 16827. The title shows it is State lease 16827. They refer to the same piece of land as what is now a State lease used to be referred to as a Crown lease and the names are still used interchangeably.
“A copy of the title of said lease is attached as TD 12 and shows that the lease was initially issued to Tokomaru Ltd and transferred to Challenge Engineering Ltd on April 2, 2012, then transferred to the first respondent, Denarau Fitness Pte Ltd on December 22, 2027. The evidence in paragraphs 19, 21, 22 of the Affidavit in Support showed that more than 4.2 tonnes of methamphetamine were moved from David’s Marine Repairs to the warehouse of the first accused, Justin Ho, which is in the building owned by the first respondent at SL 16827,” said Acting Puisne Judge Lomaloma.
He added the said warehouse is on State Lease No. 16827, being Lot 14 on SO 5486 and the title shows that it is called Denarau in the Tikina of Nadi, Province of Ba, containing an area of 1157 square meters.
The judge said because Section 4 of the Proceeds of Crime Act defines “tainted property” as property used in or in connection with the commission of the offence, the storing of the illicit drugs at the warehouse of the first respondent on land registered to the first respondent at the time of the offence is clear proof that it was used in the commission of the offence of possession of illicit drugs contrary to section 5(a) of the Illicit Drugs Control Act, an offence with which Mr Ho is charged.
“I find on the balance of probabilities that SL 16827 being Lot 14 on SO 5486, Denarau Island in the Tikina of Nadi, Province of Ba containing an area of 1157 square meters is tainted property,” ruled the judge.
State lease No. 16829 — Lot 8 on SO 5486
The court noted Lot 8 and Lot 14 (discussed above) are adjacent properties on SO 5486. The Northern boundary of Lot 14 is the Southern boundary of Lot 8. Both properties were purchased by Denarau Fitness Ltd from Challenge Engineering Ltd and the transfers were registered on December 22, 2017.
Acting Puisne Judge Penijamini Lomaloma said Denarau Fitness Pte Ltd, the first respondent, is a registered company with 99 per cent of its shares owned by the third respondent, Rasha Kurdi. She is an Australian citizen and the wife of the second respondent, Sam Amine, currently in the custody of the NSW Corrections Service on drug related charges. The fourth respondent, Mherina Amahaizabeen Ali Ahmed is the accountant, and she owns the remaining 1 per cent of the shares in Denarau Fitness Ltd. The company trades under the name Pacific Fitness Fiji. “In paragraphs 47-51 of his affidavit, DA/Cpl Talemaitoga Dautu describes the second respondent, Sam Amine, as a person active in drugs related criminal charges in New South Wales, Australia with more than $10 million in properties subject to restraining orders from the Supreme Court of New South Wales.
Detective Cpl Daututu says that he has every reason to believe that the second respondent has the effective control of the first respondent’s company and provides instructions to the third and fourth respondents on the daily operations and functions of the first respondent. “The basis for the belief is in the affidavit and attachments and having perused them, I am satisfied on the balance of probabilities that he has reasonable grounds for his belief,” said the judge.
The judge added from the evidence, “we can infer the following: Denarau Finance Ltd did not have any legitimate source of income for 2017, 2018, 2019 and 2020 and that there was no legitimate source of the monies used by Denarau Fitness to purchase SL 16829 being Lot 8 on SO 5486 and SL 16827 being Lot 14 on SP 5468.
“16827 was purchased with funds from an illegal source to store illicit drugs imported into the country and was so used to store over 4.2 tonnes of methamphetamine for 3 days in December 2023 to January 2024. Both properties were purchased for the same purpose, that is, to be used in the import and export of illicit drugs and both properties were purchased from proceeds of crime,” ruled the judge.
“For the reasons given, I am satisfied on the balance of probabilities that SL 16827 and SL 16829 are tainted and therefore can be subject to a restraining order.”
