Siaosi Helu (33) who was found guilty of possessing 39.65 grams of cannabis was sentenced to one-year and six-months imprisonment. Lord Chief Justice O.G. Paulsen said society was calling for and expected a strong response from the courts.

In a ruling on September 7, the Chief Justice said Helu continued to deny his offending.

Tonga Police executed a search warrant on April 22, 2017 at his parents home. He was asleep in the house and after searching his bedroom, the cannabis was found and he was arrested. 

He made a full confession to police on the next day.

Helu was arraigned, he pleaded not guilty and elected trial by jury. But before the trial started, he applied to exclude evidence concerning the execution of the search warrant and also his confession. 

“In a written ruling on August 8, I excluded evidence of the search but not his confession, which I found had been freely given,” he said.

Following a two-day trial, in which his defence was that his confession was not voluntary, a jury found him guilty.

"He has a criminal history, which from 2003 to 2011 included theft, drunkenness, and possession of intoxicating liquor, housebreaking and assault. He has been sentenced to periods of imprisonment, including one sentence that was partially suspended. It appeared he had not offended since 2011 until now.”

The court heard, his claim of having no knowledge of the cannabis found in the bedroom and falsely confessed to the cannabis being his because he wanted the police to leave his parents alone and feared that they may hold his father accountable.

"This is a different explanation than he advanced at his trial. He also maintains that while at the police station the officer interviewing him promised to release him if he confessed and he followed that advice to make his confession. This was an explanation that he advanced at trial, which the jury clearly rejected."

The Lord Chief Justice said the Crown submitted that the aggravating features of this case are that there was a big problem with drugs here in Tonga, that the amount of cannabis was not insignificant and Helu contested the charge.

“The Crown is correct that Tonga faces a serious drug problem. Society is calling for and is entitled to expect a strong response from the courts.”

"He continues to deny his offending and advances new reasons for why he confessed. The court should not impose a suspended sentence on an offender who has demonstrated a lack of interest in rehabilitating himself," he said.

The sentence was backdated to August 10, when he was remanded in custody for sentencing.