By Linny Folau
Palatoni Laimani (37) is serving six years and six months in prison for possession of 155.90 grams of methamphetamine, seized in a police raid at his home in Hofoa.
Justice Cooper sentenced him on 18 December at the Supreme Court in Nuku’alofa.
The offending was on 4 January this year, when Drug Enforcement Officers acting on a tip raided his home, and where a number of people were found in and around his property as was the defendant.
The judge stated that in the search of his home 155.90 grams of methamphetamine, a 12-gauge shotgun, set of scales and 1699 empty dealer packs were recovered. He was charged with three counts of possessing these items, which were recovered from a large plastic bin. Most of the methamphetamine came in the form of five bags each weighing 27.95 grams. There were a further 47 bags, those roughly half and half were divided into 0.50 gram deals and the others into 0.10 gram deals.
“While the scales and empty bags were also recovered along with the following amounts of cash. TOP$2,500, NZ$20, US$3, FJ$15. A number of note books were also recovered. These appeared from the brief description provided to me to be dealer lists. Given Mr. Laimani’s admissions at the scene that he was in the business of selling methamphetamine for profit; that would accord with what he said....They contained a list of names and numbers,” he stated.
Failure
“What I have to say is simple. If they were indeed dealer lists, then they should have formed the subject of a further count or counts. If a person is caught by police in possession of dealer lists, that is prima facie strong evidence they have possessed the drugs referred to and ought to be charged and ultimately sentenced for that criminality. To fail in this is to fail in the war against drugs.”
The court heard that the defendant assisted the police at the scene in the sense he was candid about his possessing the illicit drugs. He pleaded guilty to all three counts earlier in May. His pre-sentence report also stated that he is married with young children and was of previous good character.
Large scale supply
“I also know from the bail application made on his behalf that his wife is pregnant. It appears that he became involved in supplying drugs as a way to support himself and his family financially; it was both as simple and as cynical as that. He has not been assessed as to risk of reoffending or his risk of harm to society, but in both cases it must be at least medium harm as this was a calculated and planned criminal enterprise he was running.
“This was very serious offending in my view. It was large scale commercial supply and the presence of a firearm, in the context of this drug dealing I consider a serious aggravating feature.”
The judge noted that no ammunition was recovered but in his view that was merely the absence of a further aggravating factor.
Serious organised criminal network
“Because of the those factors, I have identified and the serious harm Mr. Laimani posed to society in his criminal activity the formulation of his final sentence must mark this. No one possesses these amounts of illicit drugs without connections to people higher up the supply chain. It stands to reason that Mr. Laimani was dealing with others more heavily involved in illicit drug supply and so in turn, he forms part of serious organised criminal network."
The judge stated this therefore meant that his sentence will be consecutive in respect of all three counts.
"It would be a craven dereliction of the duty in regard to the need to protect our Kingdom and punish those that seek to harm it to hand down any less a sentence or suspend any more of it."
He then imposed a sentence of seven and a half years imprisonment. He then suspended the last 12 months for two years conditions. He is now serving six years six months in prison.
The defendant is also prohibited from leaving Tonga, until his suspended sentence is completed, both the conditions and the two-year term. This is to ensure that he does not escape that part of his sentence and also to ensure the rehabilitative portion of the sentence can be properly completed, stated the judge.
Meanwhile, all drugs and paraphernalia were forfeited to be destroyed.
