The High Court has granted permanent restraining orders over cash, property and vehicles linked to a man charged in connection with a methamphetamine importation case, ruling that the assets constituted unexplained wealth under the Proceeds of Crime Act.
The assets forfeited include cash of $404, 840.34 currently held in Bred Bank, Lot 21 on DP 5225 Valelevu Housing Authority Sub-Lease No 204059 (3 bedroom concrete and iron house and land), vehicle registration No FH 945 (BMW Sedan), vehicle registration KNGKHN (Toyota Wagon), vehicle registration No 913 (Nissan Sedan) and vehicle registration No IV 991 (Toyota Sedan).
The three persons charged in the case were Imran Khan, Deborah Kim and Rajneel Rohit.
In a decision delivered on February 20, Puisne Judge Senileba Levaci found that the Director of Public Prosecutions (DPP) had established strong evidence that the wealth in question could not be adequately explained through legitimate income sources.
The ruling follows an application by the Office of the Director of Public Prosecutions, which sought permanent restraining orders after interim orders were first granted in December 2023.
The case stems from February 2023, when border officials intercepted a package arriving from the United States containing more than one kilogram of methamphetamine.
Police later conducted a controlled delivery, leading to arrests and the seizure of additional drugs, cash and assets.
In her judgment, Justice Levaci said the unexplained wealth regime was designed to deprive offenders of the financial benefits of crime, even where criminal proceedings are still before the courts.
“The burden shifts to the respondent to provide a satisfactory explanation as to how the pecuniary resources or property came under his control,” she said, citing section 71F of the Proceeds of Crime Act.
The court heard that the respondent claimed multiple income streams, including computer sales, vehicle trading, farming activities and holiday rentals.
However, investigators told the court that these claims were unsupported by documentation and inconsistent with records from the Fiji Revenue and Customs Service and other agencies.
Justice Levaci found that financial investigations, opinion evidence from police officers and a financial investigator, and discrepancies in bank records all pointed to wealth that was disproportionate to any lawful earnings.
“The court is satisfied that the alleged businesses and farming proceeds are insufficient to establish the wealth obtained,” she said.
“The respondents were unable to satisfy the court as to the source of the deposits and properties.”
As a result, the court declared more than $400,000 in cash, a residential property in Valelevu, and several motor vehicles to be unexplained wealth. Permanent restraining orders were issued preventing the respondents from dealing with the assets, which are now subject to forfeiture proceedings.
