By Linny Folau
Penisoni Tu’ifua Angilau (37) is serving 10 years in prison for four charges that included supplying 534.53 grams of methamphetamine to his second cousin to pack the illicit drug at her residence in Lomaiviti Tongatapu, in March last year.
Lord Chief Justice Bishop sentenced him on 5 September at the Supreme Court in Nuku’alofa.
He was convicted on the charges that included supplying 520.5 grams of methamphetamine (which the police said was equivalent to cash seized in his vehicle), threatening a Police Officer and money laundering (where a Ford Ranger was obtained using the proceeds of a crime), after a trial in July.
From that written judgment, the court heard from the evidence that on 4 March 2024, the defendant went to the residence of 'Iunita Motuliki at Lomaiviti in a white pickup or van and left numerous packs of methamphetamine, which were later counted by the woman and her friend.
The methamphetamine received was in a rock solid state. 'Iunita then used a hammer to break it down and relying on her expertise at packaging methamphetamine she then divided and packed the crystals using a visual estimation with no weighing tools.
Her property was raided later that same day and, apart from a large number of men who appeared to be playing pool in a shed at the back of the property itself, methamphetamine was found, later tested and found to contain 534.53 grams of methamphetamine.
Police saw the accused in his vehicle near the old survey office. When he was arrested in the vehicle, Police found in the front passenger seat a large amount of money $73,010 pa’anga in one black plastic bag and a second bag in the glove box contained $17,115. The total amount seized from the defendant’s vehicle was $90,125. The defendant was arrested and remanded into custody.
Threatening a police officer
Count three occurred on 14 May 2024 when a young police officer with only four to five months experience in the Police Force went to the prison to accompany the defendant to take his fingerprints and conduct some legal work. The defendant reacted in an aggressive way and said “I will get up and beat you to death,” stated the judgment.
“In regards to count four, police were anxious to investigate the defendant’s finances, he had a Ford Ranger worth $40,000 but where did he get it from? He did not work, he did not have any business interests and had not declared any income in the recent years according to the relevant authorities.”
High risk of re-offending
The defendant's pre-sentence report stated that he expressed no remorse as to what he was being charged with. In light of the seriousness of the charges, a custodial imprisonment was the recommended sentence.
He was a self-employed farmer with contributions made to the communities’ livelihood and a breadwinner to two brothers who are not well.
"Illicit drugs in the Kingdom continue to wreak havoc in society and the Courts must do all they can to deter and stem out its use and, in your case particularly, to punish those involved in its supply," stated the judge.
The Probation Officer assessed him as high risk of re-offending, and the Lord Chief Justice entirely agreed because he appeared to not have learned his lesson because in 2024, after he was convicted of possession of illicit drugs, and was sentenced to 18 months’ imprisonmentm in which the last 16 months was suspended.
“I treat you as a prolific drugs supplier who had earned considerable profit. The overriding objective of the Courts when dealing with commercial drugs suppliers such as you, is to past condign punishment to deter others. I repeat, methamphetamine is an existential threat in Tonga and must be dealt with accordingly.”
The Lord Chief Justice agreed with the Prosecution that the head count in these proceedings was count two and imposed a starting point considering Zhang, of 13 years’ imprisonment.
“Similarly, I also impose a starting point of 13 years’ imprisonment for count two as it arose at a different time. Although, these were separate incidents and merited, consecutive sentences in whole or in part but having regard to the principle of totality, I make both counts, concurrent to each other in relation to counts two and one.
In considering whether a whole or part of his sentence can be suspended he regarded the principles in Mo'unga, the defendant is not young, has previous convictions in relation to illicit drugs, and saw little to no prospect of rehabilitation, he stated.
On the other hand, considering the negative effects of long term imprisonment, the principle of totality, and not entirely ruling out the prospect that he may at this late stage be a reformed character, the Lord Chief Justice considered it appropriate to suspend the last three years of his sentence for three years, on conditions to oversee his reintegration back into society.
The defendant was sentenced to 13 years’ imprisonment with the final three years suspended for three years on conditions. The sentence was backdated to 5 March 2024, when he was first remanded into custody.
It was further ordered that the drugs and utensils seized be destroyed with the cash seized, namely $90,125 and the Ford Ranger Vehicle forfeited to the Crown.
