Drug accused and Canadian national Joshua Rahman has been declared a prohibited immigrant by the Permanent Secretary of Immigration, leaving his status uncertain.

Immigration officers were waiting outside the courtroom to deport Rahman back to Canada, even though his conviction for possessing 39.5 kilograms of cocaine was quashed and his 23-year prison sentence set aside.

Rahman, 31, was originally found with cocaine worth $31 million in Caubati in February 2019 and sentenced on October 12, 2021. The Court of Appeal had ordered a new trial to be held as soon as possible.

However, both the defense and state prosecution told Justice Rajasinghe that they were caught off guard when immigration officers handed them the prohibited immigrant declaration in court this morning.

DPP principal legal officer Sadaf Shameem told the court that while they were not opposing Rahman’s bail, the new circumstances left them unsure how to proceed. She added that last week the DPP had written to the Immigration Department requesting that they not interfere until instructed, but the declaration was issued regardless.

Justice Rajasinghe reminded the DPP counsel of their greater responsibility to the public and directed them to take steps to resolve the situation. He also stated that under the Bail Act, Rahman cannot be remanded as he has already served two years and eight months in custody.

Rahman’s lawyer, Devanesh Sharma, cited section 13 D of the Immigration Act, which allows his client to remain in Fiji without a permit for the purposes of his re-trial.

The Judge ordered the DPP counsel to have the Acting DPP write to the Permanent Secretary of Immigration and seek proper court intervention, noting that any attempt by immigration officers to remove Rahman without leave of the court could be considered contempt of court.

The matter has been stood down until 3.30pm, with Rahman remaining in the custody of the court until a decision on his bail is made.

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