By Linny Folau
Tevita Halatokoua (26) was sentenced to two years imprisonment, with part suspended, for possession of over 2.77 grams of methamphetamine seized in over 20 packets and other items used for dealing drugs in Nuku’alofa.
Justice Cooper, who sentenced the accused on 18 September at the Supreme Court in Nuku’alofa, stated that it was quite clear that on 20 March 2024, Mr. Halatokoua had set himself up as a drug dealer, supplying methamphetamine.
"The fact of his being caught with the equipment for dealing: over 20 packets of methamphetamine in separate dealer bags, a significant quantity of cash and weighing scales, that he had taken a position at the bus stop at Lopaukamea, in the Si'i Kae Ola area, with all this paraphernalia in a sling bag by his side, showed what a determined attempt it was to supply illicit drugs.
“I have no doubt that he had positioned himself so that customers could come and be sold methamphetamine, that at the same time he would be able to keep an eye out for police and so escape if anything arose his suspicions. But, at about 5 pm that afternoon the police had been tipped off."
He stated that Officer Fifita circled the Lopaukamea bus stop until he was quite certain that Mr. Halatokoua warranted stopping and searching.
At approximately 6.20pm the police closed in and detained Mr. Halatokoua. The officers identified themselves and cautioned him, while the sling bag was spotted by his side, they asked about it, but he denied any knowledge of it. As soon as the officers searched that bag it became clear it contained utensils and suspected methamphetamine. He was arrested and taken to the Police Station for questioning, where he exercised his right to silence.
The court heard that the items recovered by the officers in the search were: $902 pa’anga, weighing scales with a number of empty ‘dealer packs’, a single packet that contained a total of 20 ‘dealer packs’ of methamphetamine, weighing 1.86 grams, 4 packets methamphetamine, weighing 0.64 grams. In addition to a single larger packet of methamphetamine, weighing 1.67 grams
On 8 August 2024, the defendant appeared before the Supreme Court for his arraignment and entered guilty pleas to the count alleging of possession of 2.77 grams of methamphetamine and the count in respect of possession drug utensils.
Meanwhile, his pre-sentence report, said the accused is single and lived at both Nualei and Vaini. However, the report did not assess his likelihood of harm or of re-offending.
“From the report and facts of the offence, both must be at least medium risk, given that he went to set himself up dealing in illicit drugs, found a supply, was making money from it and plainly was prepared to do so in a brazen way. That he has pleaded guilty and apparently made steps to break with negative influences are factors I have also taken into account. The pre-sentence report recommended some of his sentence be suspended on conditions including courses to help him rehabilitate,” stated the judge.
He then concluded that a starting point of three years’ imprisonment for count one was appropriate.
“For his early guilty plea, the steps he took to avoid those who may lead him into criminal ways and his previous good character - a reduction of 30%, one year. For count two, six months starting point reduced to four, to run concurrent with count one. As for suspension, a portion of his sentence. His age, lack of previous convictions and timely guilty plea all underline this and making this a case where the Mo’unga principles of rehabilitation clearly are made out.
Accordingly, the last six months was suspended for 18 months, on conditions. While, all drugs, monies, paraphernalia were forfeited and to be destroyed, ordered the judge.
The defendant was then sentenced to two years’ imprisonment with the last six months suspended for 18 months on conditions.
