By Linny Folau
Kisina Neiufi (33) is serving four and a half years imprisonment for possession of 3.51 grams of methamphetamine, seized with $2,800 cash in Vaotu’u. This included the activation of a one year suspended sentence fo previous drug offending, he breached.
In the Supreme Court at Nuku'alofa on 4 February, Justice Cooper sentenced him on two charges that included possession of four empty dealer packs. He was found guilty in December last year.
The offences were committed on the evening of 19 April 2023, when Police received reliable information that he was distributing illicit drugs from his residence in Vaotu’u. Police, acted on information they received, and targeted the car that Mr. Neiufi was driving.
As he approached an 'api in Vaotu'u, police in two vehicles boxed in his car and as they moved in to search him and his wife in the front passenger seat, he was seen to throw an item from the front passenger window, the methamphetamine, subject of the first count. Along with $2,800 cash, empty dealer bags were recovered from his hand, stated the judge.
In his probation report, he was reported to have been a talented rugby player. He married in 2016. His wife told the Probation Officer how his constant illicit drug use had deeply affected her, their marriage and attempts at a stable life.
He also has previous convictions. In 2009, he was convicted of assault in the Fasi Magistrate's Court and was sentenced to a fine of $100 in default two months imprisonment.
He was also convicted of unlawful possession of illicit drugs, where the Supreme Court sentenced him to 21 months imprisonment, with the final 12 months suspended. He served nine months of that sentence. He was found to have breached his suspended sentence by committing these offences, so the judge ordered that his 12-months sentence be activated.
"Whilst the amount of illicit drugs is a factor, it is only one. Mr. Neiufi maintains his innocence, it is noteworthy he never put forward any explanation for the 'dealer bags' found in his possession, indeed photographed by police, wrapped around some of the $50 bank notes that were actually found in his hand, by the officers. That tends to underline how unrealistic his protestations of innocence are."
Neiaufi was sentenced to three and half years for the two counts in this case. In addition to the 12 months suspended sentence breached. He is also expected to undergo a drug rehabilitation program in prison.
“Given the rapid succession of drug offences and indeed drug dealing whilst subject to a suspended sentence for illicit drugs, the Court must be firm in condemning this criminal behaviour. I have considered the totality principle, but am quite sure that I have been left with no alternative because of the seriousness of the offending, but to make these two terms consecutive.”
Moreover, the judge noted that the large sum of money that he was in possession of, nearly $3,000 from which he drew a clear inference that he was out and about drug dealing.
“The activated portion of his suspended sentence is to be served first. In view of the consistent pattern of drug offending, coupled with his continued denial of these offences, I conclude that he has no wish to reform, indeed his behaviour is entrenched. Regrettably, that means no portion of his sentence should be suspended.”
The defendant is now serving four and a half years imprisonment, back dated to his first remand on 4 March 2024. All drugs and utensils confiscated to be destroyed, and monies forfeited, he ordered.
