By Linny Folau
A Nuku'alofa businessman Tohitongi Fetu’u is serving life imprisonment for importing 3,544.31 grams of methamphetamine, along with co-accused 'Eneasi Taumoefolau, one of the main financiers, who imported 2,236.08 grams of methamphetamine. Four others received lengthy jail sentences for related drug offences. The judge named the alleged US supplier and urged Tongan authorities to liaise with the FBI to bring him to justice.
Lord Chief Justice Malcolm Bishop sentenced the six at the Supreme Court in Nuku’alofa on 5 January.
“You had had not thought sufficiently about the seriousness of what you were doing, and you decided to make an easy dollar irrespective of the consequences,” he told Fetu'u, noting his amateur attempts to disguise what he was doing.
The Lord Chief Justice stated that this was a case of bringing into the Kingdom of Tonga and distributing a very substantial amount of methamphetamine, with its origin appearing to have been from California.
"The supplier in that country who goes by the name of Rodney Hala, who is not a defendant in this case and as I understand that no attempts have been made to liaise with the United States authorities to bring him to justice This is an affront to the rule of law and it is my hope and expectation that the police here will liaise with the FBI with a view to investigate this person's alleged involvement,” the Lord Chief Justice said.
He said the increasing importation and use of methamphetamine is an existential threat to life in Tonga. “It breaks up families, it deals a serious, perhaps mortal blow to community cohesion, and ruins the life of participants and is in many cases the reason for the proliferation of crime”.
"In a small country like ours where most people do not live an affluent life, the devastation caused by drugs is apt to deal with a fatal blow to life here. Of course, misuse of illicit drugs it not confined to Tonga. It is a regional, even a global phenomenon but the difference between the effect on society here and that in a larger more affluent country such as New Zealand or Australia is striking."
The four others sentenced were Toni Tufui, Ta'ufo'ou Fale'ofa, Mafi Lutui and Tevita Shoji.
Lengthy prison sentences
Toni Tufui is serving 12 years in prison. He was sentenced to 15 years imprisonment with the last three years suspended for three years, on conditions for engaging in dealings with another to import 3,544.31 grams of methamphetamine. Other counts were ordered to be served concurrently to the head count, that included possession 217.25 grams of methamphetamine and unlawful possession of utensils, two smoking pipes.
Ta’ufo’ou Fale’ofa is serving nine years in prison. He was sentenced to 11 years with the last two years suspended on conditions for the importation of 897.71 grams of methamphetamine. He
Mafi Lutui is serving 16 years in prison. He was sentenced to 18 years imprisonment with the last two years suspended for three years, on conditions for engaging in dealings with another to import 3,544.31 grams of methamphetamine. He .
Tevita Shoji is serving nine years in prison. He received 11 years imprisonment with the final two years suspended for three years, on conditions for possession of 2,236.08 grams of methamphetamine.
The Lord Chief Justice was critical of the prosecution in the case.
“I desire also to state my concern that the sentencing date had to be postponed largely because of the failure of the prosecution to submit their indicative sentencing reports. I will not dwell on this failure except to record my displeasure, not because of any inconvenience to the Court but because of the anxiety which these failures must have caused the defendants, facing as they do, long prison sentences."
Involvements
The Lord Chief Justice found Fetu'u to be the linchpin in the American end of the operation and that he caused the drugs in question to be imported into Tonga.
“As you know, I can only pass one sentence on you by virtue of section 3(e) which is life imprisonment. That is the only available sentence prescribed by law which I must and do impose. Now no one can predict the future and I have no power or control over your eventual fate. That is a matter for others but I take the opportunity of recording the following in case it might be of some assistance to those who are ultimately responsible for what happens to you.”
He observed that the accused, who had no previous convictions, was having increasing difficulty in facing the strength of the evidence against him.
“You are not a sophisticated individual, the attempts you took to disguise what you were doing in your various telephone messages were amateur and easily unmasked.
“In short, I find that you have learned a very bitter lesson and in your case prospect of your eventual rehabilitation cannot be entirely ruled out. But as I say, that is a matter for others and I order that you be allowed access to counselling and any rehabilitation services available to you during your term of imprisonment.”
The court heard from his probation report that Fetu'u grew up in ‘Eua and relocated to Tongatapu, where he got marrried and has two children. He was previously a prison officer for 10-years but was later dismissed. He had since provided for his family by conducting manual labour in the United States earning $80k pa'anga after each six-months of work. He claimed that he was never involved with drugs and was just a third party who knew the owner of the crate.
Drone surveillance
Taumoefolau was involved, apart from sending $74,739.09 pa’anga to Rodney Hala, was graphically illustrated in the drone footage, which showed he was carrying a red bag containing the drugs from his residence and placing it in the front passenger seat of a black car belonging to Shoji.
“I found on compelling evidence that you knew very well what was in the bag you were carrying in addition you transferred a total of $120,000 pa’anga to Hala and so are one of the main financers accordingly I found you guilty of Count 18." said the Lord Chief Justice.
Probation reported that he is originally from Australia and was recently deported to Tonga in 2022. He and his partner both operate businesses in Tonga and abroad. Prior to this his profession was a fighter leading to his involvement in the outlaw motorcycle club of Hells Angels and later became associated with the Comancheros due to your brother’s senior position there. He has no previous criminal convictions in the Kingdom.
The Probation Officer was of the view that this accused is at high risk of re-offending, the judge stated.
"I have no option by virtue of section3 (e) of the illicit drugs control act to pass upon you a mandatory life sentence and I do so. But again, for the reasons, I have already explained in Fetu’u’s case, I record the following observations. You are a 44-year-old man, with various successful business here in Tonga and also abroad, I am told.
“I find that you were well aware of what you were doing, now being made aware of your past, previous convictions and involvement in a motorcycle gang in Australia. You must now pay the price for your actions but again in your case I do not think that your eventual rehabilitation is impossible.”
He further accepted the recommendation of the probation service and order that he be allowed to access to such counselling and rehabilitation services as is available during his imprisonment sentence.
Charges against wife dropped
The judge said that “Tufui had the courage to plead guilty, albeit on the first day of the trial. It seemed that was following an agreement between him and the prosecution who agreed to drop charges against his wife in light of his plea.
“That was a matter for them, but proceeding on the basis that their decision was properly made, it followed that he was to some extent justified... for the position he took, which was to support his wife’s denial of guilt, eventually accepted by the Crown,” the judge added giving him credit for his guilty plea.
“You accepted the crate should be imported in your name. You took all of the drugs 3,544.31g of methamphetamine out of the sack of rice and passed it to the next person in the chain who happens to be the informant and had the matter not been intercepted would have resulted in large scale availability of a class A drug in Tonga."
“Probation stated that he initially grew up in Ha’apai and moved back to Tongatapu. He was employed as a taxi driver from 2020 to 2024 earning about $300-$600 weekly.
Significant role
Ta’ufo’ou Fale’ofa, the Lord Chief Justice stated, drove towards Kolonga pursued by police and attempted to throw away the packages by asking his partner to throw them through the window.
"I acquitted her on the basis that whe she did not in law amount possession but it was very wrong of you to involve her in that way, which put her liberty at severe risk,” he said. “It is in your favour that you made a full confession in a statement before me.”
He said this accused played a significant part but not leading part in what was going on and he had been in contact with the first defendant in relation to what name the crate containing the drugs would be sent under. “Your role was to provide a name which could be used to enable the box to be imported for which you were given 897.71 grams of methamphetamine,” he stated.
Probation stated that Fale'ofa grew up with his parents until they migrated to the United States and he lived with his grandmother. He moved back to the US in 1985 and lived with his parents, before getting deported back to the Kingdom. He lived in Kolonga with his partner and children.
Peer influence
Mafi Lutui migrated with his family to the United States when he was eight. He was said to have been influenced by peer influences resulting in smoking and drinking and occassional violent behaviour but claimed to have been been involved in drug activities. He is married with children, who resides in the U.S, stated Probation.
Tevita Shoji migrated to New Zealand and moved back in 2019 to live with his maternal grandparents. He is married which children and has no previous convictions.
The Lord Chief Justice ordered for the destruction of the drugs and utensils in these proceedings by incineration.
