Judge orders retrial on marijuana charge [1]
Monday, May 1, 2006 - 18:00. Updated on Thursday, July 16, 2015 - 10:50.
Mr Justice Anthony Ford in the Nuku'alofa Supreme Court on Friday April 28 ordered the retrial of 'Ana Vaka'uta on a charge of the possession of marijuana.
Vaka...uta, who at first had no legal counsel, had previously pleaded guilty to a charge of possession of the illicit drug marijuana.
However, on Friday after Mr Justice Ford heard submissions from Luki Veikoso representing Vaka'uta, he said that the accused should have not pleaded guilty to the charge of possession of marijuana, and that they should reconsider changing 'Ana's plea from guilty to not guilty.
The alleged event took place on January 21, 2006 at about 10:30pm when two Police Constables who were on night patrol visited Garden Bar, on Vuna Road, Nuku...alofa.
At the bar one of the two policemen noticed a man named Kuliti Tongamoa handing ...Ana a wrapped paper, which he suspected to contain drugs. The policeman confiscated the little wrapped paper from the accused and found seeds and leaves, which were later confirmed by the Vaiola Drug Laboratory to be cannabis. 'Ana at the time was under a suspended sentence for possession of marijuana.
Luki Veikoso representing Vaka'uta stressed in court that the accused was so drunk that when she was in police custody she could not recall the actual events that took place that led to her arrest. And she also denied having any marijuana with her, as she did not know anything about the drugs allegedly handed over to her.
...Amininiasi Kefu the counsel for the Crown also submitted that he would reconsider the evidence of the case. The court was then adjourned to May 24.
Tonga has heavy penalties for drug offences.