The Fiji Court of Appeal has upheld the convictions of Joseph Abourizk and Josese Muriwaqa for possession of 49.9 kilograms of cocaine—one of Fiji’s largest ever drug seizures—but has significantly reduced their prison sentences following a detailed reassessment of the case.
The judgment, delivered on 28 November 2025 by Justices Alipate Qetaki, Justice Pamela Andrews, and Justice Gus Wiltens, dismissed the men’s appeals against conviction but allowed their appeals on sentence.
The Court ruled that while both men were rightly found guilty of possessing the drugs, the original sentences imposed after their 2023 retrial were “set at the wrong level.”
The case dates back to 13 July 2015, when police intercepted the pair in vehicle HM046 at a gravel road near Vuda Point. Nearly 50 kilograms of cocaine were found packed into travel bags in the boot.
Both men had initially been sentenced to 14 years’ imprisonment, a term later increased to 25 years by the Court of Appeal before their convictions were overturned by the Supreme Court and a retrial ordered.
At the 2023 retrial, Abourizk was sentenced to 16 years and Muriwaqa to 15 years. Both appealed again.
In its latest ruling, the Court confirmed that the statutory presumption of possession applied because the drugs were found in a vehicle under their joint control.
The judges found the explanation offered—centred on an alleged yacht owner named “Simon” who supposedly placed the bags into the vehicle—was “implausible” and unsupported by any external evidence.
“The Court is left with the unsupported account of how the appellants came to be with the cocaine, which cannot be accepted,” the judgment states.
However, the Court found the sentencing judge erred in setting starting points that were inconsistent with comparable cases.
Abourizk, assessed as having a “significant role,” received a revised sentence of 12 years, with a non-parole period of seven years, effective from 31 July 2023.
Muriwaqa, considered to have played a “lesser role,” had his term reduced to eight years, with a four-year non-parole period.
The Court concluded that despite some errors in evaluating the evidence at trial, “no substantial miscarriage of justice has occurred,” and the convictions stand.
