By Linny Folau
Thomas Liiv was found guilty of four charges, including possession of 7.60 grams of cannabis, a .22 pistol and numerous ammunition without a license, which was seized by Police in Puke, Tongatapu.
Justice Cooper, in a verdict on 6 December, found him guilty on all counts including possession of eleven .22 rounds of ammunition and drug utensils consisting of one test tube, a smoking pipe and three empty dealer packs
These charges were committed on 7 March 2023, and discovered when police officers went to his address. His trial was held in the Supreme Court in September.
The Crown's evidence, including evidence from Officer Vi, who stated that when the police went to the residence, Mr. Liiv directed them to a tanetane hedge that bordered his property. Police searched the area of the tanetane that he was close to. It also provided a Court Book that included the search list, diary of action and the sketch plan of the 'api and of the fale.
The judge in summarising the Crown's case in regards to the cannabis, count one came from different locations. Some from the tanetane, where Mr. Liiv had been observed by the officers, and others from a plastic tub that was hidden behind the console of a washing machine. A dealer pack came from what appeared to be a bed-side shelf, while, the utensils were found in Mr. Liiv's fale, amongst a piece of clothing and on a table. The ammunition the subject of count three was recovered from the floor and the firearm from a bucket in the same fale, where it was recovered and images were provided, he stated.
The Crown's evidence in respect of the suspected cannabis proved the continuity from its being seized at the various locations, recorded in the search lists and movement diary so its continuity was proved from start to the time of its testing.
Mr. Liiv did not contest that he possessed the cannabis. He in fact felt hard done by that the police had called him up and asked for cannabis and that he had unwittingly supplied them, he stated.
The judge in assessing the evidence stated that the Crown had to prove their case to the required standard of beyond reasonable doubt.
“Not every aspect of the evidence needs to be resolved, only so much as to answer the question whether the Crown have proved their case, to the required standard. I am entitled to draw inferences, that is to say come to common sense conclusions from the evidence, but must not speculate as that would be no more than guess work and not based on the evidence.
“I have considered the written and oral submissions of both parties and have borne these carefully in mind when assessing the evidence. Mr. Liiv is charged with possessing cannabis. He is not charged with supplying it. From the evidence it is clear that he was already in possession of cannabis before the officers attended his residence.
“All they effectively did in contacting him and asking for a supply to be made, was to get him to reveal he was in possession of the illicit drugs. They did not cause him to do anything that he was not already doing. Therefore, the question of entrapment does not arise in this case. His possession of the cannabis is therefore beyond dispute, likewise the utensils.”
The judge said that on the count on possession of the ammunition, it was not in dispute nor did he seek to claim he had a licence for it.
“The only outstanding area of dispute was in respect of the firearm. I say this was disputed, but in fact we shall see that his claim as to the item did not amount to an actual denial. Mr. Liiv asserted the firearm was a nail gun that he had made.
“Meanwhile, ‘Eliki Tomu was the firearms expert the Crown called. He produced his report that the firearm is capable of firing live .22 ammunition. It does not have a barrel but a trigger, firing mechanism and revolving cartridge. He test fired it.
“Because the firearm does not have a barrel it is very dangerous to use, albeit that it is in good working condition. If used to discharge a bullet it would do so but in an imprecise way putting even the operator of the firearm in danger. The ammunition the subject of count three was found to be live .22 cartridges, he added.
“I am quite sure that the Crown have proved that Mr. Liiv was in possession of the cannabis as well as the utensils. The Crown have proved the items the subject of count three were 11 rounds of .22 ammunition.
“As for count four, the item recovered by police from the bin in Mr. Liiv's fale, he admitted to building himself is an arm as defined by the Arms and Ammunition Act. That the indictment pleads a 'pistol' does not in my view make any difference. It is entirely clear what the particulars of that count mean.”
The accused is expected to be sentenced in January next year.
