By Linny Folau
Rodney Tomasi (41) was found guilty on possession of 3,547.86 grams of methamphetamine concealed in a sack of sugar that was imported in a barrel from the United States last year.
Lord Chief Justice Bishop found him guilty on 14 November after a trial, at the Supreme Court in Nuku’alofa. He found the defendant’s evidence denying his knowledge of the illicit drugs was not convincing.
The Crown’s case was that police were informed by an informant of this unlawful importation. This led to an operation that involved the informant (who was granted anonymity by the court in an application by the Prosecuution after a hearing) and the defendant.
On 13 December, 2024, having been given permission by the Deputy Police Commissioner for a "controlled delivery", the barrel was inspected and the sack of sugar, to see whether or not there was methamphetamine concealed inside. When the defendant was in possession of the sack, he was pursued by police. During the chase, he threw the sack out of his vehicle, when he crashed through the fence of the Tonga Water Board compound in Mataki’eua, and fled.
He later turned himself in to Police a few days after.
Meanwhile, two sealed packages in the sugar bag were found: one had three red marks and the other had one red mark. The contents were tested at the scene by Sgt Leveni and the result was that it comprised of methamphetamine.
In his evidence, the defendant claimed to have been an innocent party, who just happened to receive the sack of sugar, which contained packets of methamphetamine without his knowledge. He also claimed that he was driving along in a state of innocence, and that a police car overtook him to which he then stopped.
The court heard that hat happened next was in dispute. The defendant said the reason why he then accelerated to run away was because police began shooting at his car; the police said that having stopped, he accelerated towards them at speed and in assessing the risk of harm to themselves and others they shot at his car and he responded by changing course and driving off.
“I prefer the account given by the Police although I accept that the number of shots fired varies from witness to witness and I attribute that to the panic and stress of the occasion itself and the concentration of each officer to what he himself was doing,” stated the judge.
The defendant's evidence that he sped off because for all he knew, those who were shooting at the car might shoot at him if he remained where he was.
"I do not find this account plausible. I accept that the police found the two packages of methamphetamine when they searched the barrel in the bag of sugar at the custom's warehouse."
The Lord Chief Justice also found that the defendant was lying about his lack of knowledge that included contents of a notebook and that of the alleged supplier, which was a matter he took into account in assessing whether what he said about other matters ought to be believed.
“There is no doubt that the bag of sugar was taken by him and placed into his car. I do not hold it against him that when he felt he was being shot at he was panicked to get away although his failure to surrender to the police or to seek help from a police station is not consistent with an innocent mind,” he stated.
“I have no doubt the totality of the evidence drives me to the view that he knew very well what was in the sugar bag that he knew what he was doing when he paid the money to the informant, that he knew what was in the bag when he collected it at the hospital car park and that he is guilty of the offense with which he is charged."
In addition, the Lord Chief Justice found that the defendant knew the source of the drugs, he paid $3,000 pa’anga, he knew what was in the bag of sugar when he collected it and when he realised the police were on his tail crashed his car, threw the bag of sugar whilst he was driving inside the Tonga Water area or he removed the bag of sugar, when it came to rest and dropped it in his haste to escape.
He then disappeared, so far as the police and his wife were concerned, before he finally and sensibly gave himself up, he stated.
The Lord Chief Justice was then satisfied to the criminal standard that the defendant was in possession of the bag of sugar knowing that there was methamphetamine inside and accordingly found him guilty.
He is expected to be sentenced in January next year.
