By Linny Folau
Two men and one woman were jailed for possession of 20.92 grams and 13.52 grams of methamphetamine seized in a police raid outside a restaurant in Houma.
Lord Chief Justice Bishop sentenced them on 23 June at the Supreme Court in Nuku’alofa.
Mateni Neiufi was charged with possession of 20.92 grams of methamphetamine, unlawful possession of utensils that included one weighing scale, a straw and 26 empty packs.
Mavis Fusimalohi was charged with possession of 13.52 grams of methamphetamine, unlawful possession of utensils (one weighing scale, one empty pack, one smoking pipe), possession of 0.19 grams of methamphetamine) and possession of utensils that included one smoking pipe. Her defacto partner, Irvin Fukofuka was charged with possession of 20.92 grams of methamphetamine and unlawful possession of utensils.
The court heard that on 17 January 2025, all three defendants were arraigned on their charges. Mateni and Irvin pleaded not guilty, whereas Mavis pleaded guilty to the charges.
Trial was set to start for Mateni and Irvin on 30 April. On the trial date, Mateni changed his plea to guilty. The trial then proceeded for Irvin on 1 May 2025 and the Court found Irvin guilty of the charges against him.
The Lord Chief Justice stated that acting on information received, a police raid occurred outside the restaurant in Houma, where they discovered two cars.
Irvin and Mavis were in one car and Mateni in or just outside the other. On the driver's seat of the car Irvin was in, police found the drugs and drugs paraphernalia associated with drugs taking, together with no less than $3,340.
“Methamphetamine is a serious scourge in the Kingdom, it destroys lives, it disrupts communities, and the courts must do all they can to stamp it out. The first duty of the Court is to deter, punish and rehabilitate. Considering the current increase of illicit drugs in the community, deterrence and with it punishment is of greater priority than rehabilitation. It seems to me that all three of you were in possession of drugs with the intention of supplying to others and I now deal with each of you separately having regard to each of your circumstances.”
Jail
The court heard that Mateni had no previous convictions for drugs although he was no stranger to the courts, he pleaded guilty but at a late stage. His role was that of a low-level drug supplier.-It was recommended from the Probation Officer for the Court to consider a condition of completing an alcohol and drug awareness course with the Salvation Army to assist with his rehabilitation
Mavis, a first time offender, is the de factor partner of co-accused, Irvin. She is a housewife and currently lives with Irvin in Fo'ui.
The Lord Chief Justice was told and accepted that she was remorseful and regretful for the offending and that she would now like to focus on getting a job and turning her life around. She also completed a course with the Salvation Army, which was to her credit.
lrvin, moved to and grew up in America from the age of three or four years old. He was deported back to Tonga in 2018 because he assaulted someone.
“Again, I am told that in this instance you are remorseful for the offending and for getting involved with the wrong people and that he now realised the need to change his life around,” the judge stated.
He was also assessed by the Probation Officer as being at "high-risk" to the community and that it would be beneficial for him to be under the supervision of the Probation Office.
Irvin was earlier convicted of a drugs offence in 2020 and of being unlawful possession of utensils on the 29 of February 2024 for which he was given a suspended sentence of four months suspended for two years and on 29 November 2024 ordered to serve a sentence of 6 months imprisonment.
The current offences were committed during the operational period of the suspended sentence which was imposed on the 29 February 2024.
“I treat you as a low-level supplier I am satisfied that the drugs you had together with the money shows that you were in possession of those drugs with intent to supply to others,” stated the Lord Chief Justice.
Mateni was sentenced to four years imprisonment with the last 12 months suspended on conditions. He is serving three years in prison. While, Mavis was sentenced to two years imprisonment with the last 12 months suspended on conditions. She is serving one year in prison.
Irvin was sentenced to four years imprisonment. A suspended sentence of four months was activated to be served consecutively. This means that he is serving a total of four years and four months imprisonment as ordered the Lord Chief Justice.
The illicit drugs together with the utensils wewre ordered to be destroyed and the funds found on the defendants being TOP$3,340, $190, $1,815 and USD$100 be forfeited to the Crown.
