A Canadian national convicted in one of Fiji’s biggest cocaine hauls has had his constitutional redress application dismissed by the High Court in Suva.
Joshua Aziz Rahman, 30, is serving a 20-year sentence with a 14-year non-parole term for the possession of 39.5kg of cocaine found hidden in his Caubati home in 2019.
Rahman claimed his right to a timely trial and appeal had been breached due to delays while in custody and awaiting a ruling on his appeal.
But Justice Daniel Goundar found the application improper, as the matter remains before the Court of Appeal.
“The presiding judge in the Court of Appeal will be in the best position to weigh all the factors I have identified to consider when the matter should be listed for hearing,” he said.
“Accordingly, it is not appropriate for Rahman to seek constitutional redress from the High Court while his appeal is pending, particularly when the relief sought could properly be granted by the Court of Appeal. This application constitutes an abuse of process.”
The application was dismissed as frivolous and vexatious.
“Any future in-person application for constitutional redress made by the applicant shall not be accepted without the prior sanction of a High Court judge,” Justice Goundar concluded.
