Acting Chief Justice Salesi Temo has ordered that the re-trial in the drug case of Australian National Joseph Abourizk and former taxi driver Josese Muriwaqa to go ahead as scheduled.
Abourizk and Muriwaqa were allegedly found in possession of 49.9 kilograms of cocaine worth $23 million in Vuda in July 2015.
Their 2016 conviction was quashed by the Supreme Court in April last year.
Their lawyers sought in court that there be a stay in proceedings of the re-trial in the Lautoka High Court and that if the stay is granted they will apply for review of the decisions of the Supreme court.
They argued in court that the first panel of the Supreme Court which quashed the conviction did not say where the matter should go from there and that was an error.
However, Assistant Director of Public Prosecutions, Lee Burney stated that the first panel did not fall into error and the first panel did not ask the parties what their positions were.
Acting Chief Justice Temo says he will give his written ruling at a later date.
The re-trial will commence on May 30th.
