Satio Matakaiongo (43) was found guilty of possession of 43.07 grams of cannabis in Popua in April earlier this year.
He was convicted after a trial at the Magistrate's Court in Fasi on 19 November. His charge was that with others, he possessed the illicit drugs. He had previous convictions.
In the Prosecution’s Summary of Facts, the offence was committed on 2 April 2024 when, members of Tonga Police were conducting their routine check-up of persons (Niu and ‘Otusia) who had been granted bail by the Magistrates Court to ensure that they were observing their curfew condition.
When Police approached the property, they noticed a silver vehicle parked by the entrance and saw tha Niu was talking with the driver. Police approached the vehicle and noticed that the driver was Satio, who had been arrested by Police previously for drug offending.
Police noticed that he was trying to conceal a black plastic bag in his left hand. It was suspected that the black plastic in Satio's hand contained illicit drugs and he was immediately detained.
Satio was informed that they were Police officers from the Drugs Squad. Police removed the plastic bag and opened it discovering that it contained numerous packs containing dried leaves suspected to be cannabis. He was informed that Police had no search warrant but were exercising the powers under the Illicit Drug Control Act to search his person and vehicle for illicit drugs.
While they were searching the car, Police were approached by a person called 'Ana who told them that she was with Satio but she had got out of the car and walked to the store. She claimed that the weed and all the things in the car belonged to her and that Police should release Satio.
Police detained her as well and informed her of her rights. Satio was informed of his rights before he was asked about the black plastic bag that he held in his left hand and Satio said that it belonged to 'Ana, who he claimed had got into the back seat with it and left it there for him to look after while she walked to the store.
Police searched and discovered inside the car, $85 pa’anga found inside a black wallet placed in the driver door's storage compartment and $370 found on the dashboard's compartment box and green plant material suspected to be cannabis on the back passenger seat behind the driver's seat. Both were then charged with possession in relation to the cannabis.
Conviction
Magistrate Kaufusi, in his ruling stated that the Prosecution called seven witnesses and the defendant called two.
Police Constable Uatahausi Tomu and PC Feinga found the evidence.
The accused claimed that he did not know whose it was and that he took ‘Ana from Fasi to Popua. She got in with a red bag and a plastic bag. She told the police it was hers. However, according to ‘Ana, the items seized in the car belonged to Satio. When cross examined she stated that she did not know Satio as she only stopped him on the road, the lower court heard.
The Magistrate stated that Tomu's evidence was corroborated by PC Feinga. When he went to the passenger’s side and opened the door he saw Satio’s hand was from the back holding the plastic and he told him to hand over the plastic to the front. The accused did not dispute that the plastic was in his hands and that he tried to conceal in the front passenger seat.
The Magistrate found the evidence have proven the charge beyong reasonable doubt and found the accused guilty of the offence. He will be sentenced on a date to be confirmed.
Meanwhile, it is understood that the other accused, ‘Ana, had already pleaded guilty.
