Former lawyer Abdul Lateef is maintaining that his appeal against his methamphetamine and marijuana convictions has reasonable prospects of success, which justifies his release from prison on bail while the appeal is being heard.
Lateef was convicted earlier this year of unlawfully possessing 9.5 grams of methamphetamine and 3.5 grams of marijuana at a hotel in Suva in 2019.
The 65-year-old was sentenced to 44 months in prison with a non-parole period of 30 months. He has appealed against his conviction and sentence.
At the bail pending appeal hearing last week, he submitted to Justice Pita Bulamainaivalu that a key prosecution witness in his case was an accomplice who had been made a State witness and whose evidence was not corroborated.
He said no proper accomplice warning had been given before the evidence was relied upon and that, without corroboration, the court should have exercised caution before convicting him.
Lateef also challenged the sentence imposed, submitting that it was manifestly excessive. He cited drug possession cases in which offenders received lesser sentences and argued that, as a first-time offender with no prior criminal history, his circumstances warranted a reduced sentence.
Lateef also informed the court that he had recently suffered a stroke and spent eight days in hospital, adding that his medical condition would make imprisonment particularly difficult and that he would be better cared for outside prison.
Senior prosecutor Shaheen Bibi opposed the application, arguing that the sentence imposed was appropriate given the seriousness of the offence. Addressing the issue of accomplice evidence, she submitted that the trial magistrate had already issued the necessary warning as per the judgment.
Justice Bulamainaivalu is expected to deliver his ruling today.
