The High Court in Suva has ordered that Fiji-Canadian national Joshua Aziz Rahman cannot leave Fiji without the court’s permission as he awaits a retrial over a major cocaine seizure.
Justice Thushara Rajasinghe issued the order after immigration authorities assured the court Mr Rahman would not be deported unless a stop departure order was issued.
The ruling followed a legal standoff in the High Court involving the Immigration Department, the court and the Office of the Director of Public Prosecutions.
The matter was heard for the first time yesterday after the Court of Appeal ordered a retrial, quashing Mr Rahman’s earlier conviction for possessing more than $30million worth of cocaine.
Principal legal officer Sadaf Shameem said an appeal to the Supreme Court against the Court of Appeal’s decision will be filed on Thursday.
Given that the Court of Appeal ordered a retrial “as soon as possible”, Justice Thushara Rajasinghe has set a one-month trial in the High Court for November 2026.
Tensions arose in court when the State raised no objection to bail and approved three sureties — Mr Rahman’s paternal uncle, a family friend and a church worker.
At that point, the State was served with a removal order issued by the permanent secretary for Immigration declaring Mr Rahman a prohibited immigrant, despite prosecutors having asked immigration authorities not to interfere with the ongoing court proceedings.
The court noted immigration officers were present in court, prompting remand custody orders while the matter was resolved.
Mr Rahman has served seven of a 23-year prison sentence and spent two years and eight months in remand.
When the issue remained unresolved, the matter was recalled at 12.30pm and Justice Rajasinghe gave the State another three hours, saying it had a duty to protect its interests.
When the case resumed at 3.30pm, Acting Director of Public Prosecutions Nancy Tikoisuva told the court she had spoken with immigration officials, and both sides agreed a stop departure order should be issued.
Justice Rajasinghe then questioned why immigration authorities were so determined to deport Mr Rahman while he still faced an active case before the court.
Mr Rahman was released on bail under standard conditions, including reporting to the Nabua Police Station every Monday and Saturday.
The case has been adjourned to April 13.
