By Linny Folau
Lautaimi Tu’itavake (40) was jailed for 24 months in Hu’atolitoli Prison for charges including supplying 0.14 grams of methamphetamine, during a police undercover operation at Malapo in August 2023.
Lord Chief Justice Bishop sentenced him this month at the Supreme Court in Nuku’alofa.
In September, he found the accused guilty of supplying to Uatahausi Tomu the 0.14 grams of methamphetamine, possession of 1.34 grams of cannabis, and assaulting officer Tomu (bit his right shoulder), while he was performing his duty (attempting to arrest the accused) on 12 September, after a trial.
He was acquitted on two other charges on possession of 1.8 grams of methamphetamine and unlawful possession of utensils.
During the trial, the court heard from the Summary of Facts that the offences were committed on 29 August 2023, when Police received reliable information that illicit drugs were being sold by the defendant from his residence in Malapo.
Police contacted the defendant to arrange for a sale, and the defendant gave them instructions to let a person off at a Chinese shop near a bended road in Malapo. Officer Tomu was dropped off at the Chinese shop and then walked. to him. The Defendant handed a pack of methamphetamine to Officer Tomu when the officer asked to see the pack.
As soon as the defendant put his hand down, the officer held to apprehend him and told him, he was police. They struggled, and the officer called to his team to move in, through an active call on his phone to assist in apprehending the Defendant. The officer was on an active call the whole time during his exchange with the defendant.
The other officers arrived, and the defendant was apprehended and cuffed behind his back. During this, Officer Tomu handed Sgt Fifita the pack of white substance that was given to him by the defendant.
Sgt Fifita informed the defendant that they were police officers and of his rights. He further told them of their intention to conduct a search without a warrant for illicit drugs. Sgt Fifita then searched the defendant and removed from his trousers $250 and 1 pack of substance suspected to be cannabis.
While the defendant was detained, Officer Feinga spotted a green can and a smoking pope under a soursop tree close to the area the defendant was. The Defendant was taken to this area where Tomu then removed the contents of the can. It contained several empty packs, 4 small packs all containing white substance suspected to be methamphetamine and a large pack containing 9 empty packs.
The defendant was arrested in relation to items that were found and the items seized were all take to the Central Police Station for photographing, testing and weighing.
Prison
The Lord Chief Justice told the defendant that he was found guilty of supplying 0.14 grams of methamphetamine and being in possession 1 .34 grams of cannabis and for assaulting a police officer.
He was acquitted on the possession of 1.8 grams of methamphetamine because it was in a canister near a tree, and the accused was some distance away from the pipe and utensils that were found.
"You are a drugs dealer, you have been convicted on four occasions involving drugs either dealing or being in unlawful possession of them. I have to emphasise the words of my colleague Acting Justice Langi in Moli when she said amongst other matters, "the unequivocal message must be sent out to youths and the people who use or deal in illicit drugs, is that if you involve yourself in drug offending you will receive an imprisonment term as a general rule and the only question for the judge is how long is appropriate."
“That has been emphasised in case after case in this jurisdiction where drugs dealing and in particular methamphetamine is a scourge on this Kingdom. It destroys life, it breaks up families, and it leads to penury and dissolution."
“In addition, the Courts must do all they can to stamp it out, in your case, the lead count, supplying 0.14g of methamphetamine, I sentence you to 21 months' imprisonment there being no mitigation. In relation to Count 3 for cannabis I sentence you to three months and in relation to Count 5, the assault which was not particularly serious but nevertheless ought not to have happened, I order a term of 12 months imprisonment,” he ruled.
Having regard to the principle of totality it followed that he will serve 21 months on Count 1, with the three months in relation to the Count 3 to be served consecutively to count 1.
In relation to the 12 months of imprisonment for Count 5, this is to be served concurrently to Count 1.
“You are a repeat offender, there is no likelihood of rehabilitation, I'm quite sure and therefore, the question of suspension of any part of the sentence is not applicable here. The upshot is that you will serve 24 months in custody altogether for all the charges you have been found guilty of.”
He also ordered that all drugs in this matter are to be destroyed.
