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From the Courts

Woman found with substantial cannabis jailed

Nuku'alofa, Tonga

By Linny Folau

Kilisitina Finau (34) is serving two years in prison for charges that includes possession of 484.43 grams of cannabis. Her 23 year old co-offender, Lesieli Makasini received a suspended sentence, after being found guilty on possession of lesser amount of the illicit drugs.

Lord Chief Justice Bishop sentenced the two on 29 September at the Supreme Court in Nuku’alofa. Both were charged with possession of 484.43 grams of cannabis and unlawful possession of utensils (possession of 70 empty packs, used for packing illicit drugs).

Finau was additionally charged with two more counts of possession of 30.57 grams of cannabis and unlawful possession of utensils, namely one bong used for smoking cannabis. 

As background on 24 June 2025, the two defendants were arraigned on their respective charges. Finau pleaded guilty to all four charges, whereas Makasini pleaded not guilty to the charges against her.

After the trial and much consideration on the evidence brought before the court, Makasini was found guilty of count one of the charges against herIn light of the Court's revised ruling in relation to Lesieli Makasini and the withdrawal of count two, the Crown was ordered to file a revised sentencing submission.

The Lord Chief Justice stated that, acting on information received, a police operation took place at a residence in Fua'amotu targeting Finau, who had pleaded guilty for being in possession of the quantity of cannabis. The search progressed at this residence leading to an unused motorcar, where the second defendant was found. Makasini had pleaded not guilty and was later found guilty, after a contested trial for the possession of illicit drugs.

I have to make it plain that illicit drugs remain a destructive scourge within the Kingdom, disrupting the communities and destroying lives and the Courts cannot tum a blind eye to such harm and must take a firm stance doing all that is necessary to deter, punish and rehabilitate."

“In Finau’s case, being in possession of a significant amount (484.43g + 30.57g) of cannabis and utensils used for smoking illicit drugs, she is not a first time offender although it has been accepted and I do accept that it has been 15 years since your last offending,” he stated.

You have pleaded guilty to two counts of being in possession of a significant amount of illicit drugs and two counts of being in possession of utensils. You were found at your residence sitting on a chair outside a parked car where cannabis was found in your trouser and hoodie pockets upon your arrest and search.”

For the counts involving possession of utensils, he imposed a sentence of six months each also concurrent to the head count. l have considered the guideline in Mo'unga in considering suspension, which in her case she is not young, however her last offending was a long time ago accordingly his final sentence was one of two and a half years of which, he suspended six months for two years on conditions.

On the other hand, Makasini is a first-time offender who pleaded not guilty to being in possession of 484.43 grams of cannabis and unlawful possession of utensils. She was later found guilty for the possession of illicit drugs (56.6 grams of cannabis) for which a sentence of 24 months imprisonment was imposed.

Taking into consideration your good character and no previous history of offending, a reduction of six months imprisonment was imposed resulting in a final sentence of 18 months imprisonment. In addition to considering of the guideline in Mo'unga, in Makasini's case, she is young, has no previous convictions and no history of substance abuse and for those reasons, he suspended the entirety of her sentence being 18 months for a period of two years on conditions, stated the Lord Chief Justice.

As a final result, Finau was sentenced to two and a half years imprisonment with the final six months suspended for two years on conditions. This means she is serving two years in prison. 

For possession of 56.6 grams of cannabis, Makasini received 18 months imprisonment fully suspended for a period of two years on conditions. This includes not committing any offence punishable by imprisonment, is placed on probation during the period of suspension, must undertake a life skills and drug awareness course at the Salvation Army under the directions of the Probation Office.

In addition, she must complete a total of 60 hours community service. It was also ordered that the drugs and utensils be destroyed.