Siaosi Helu was sent back to Hu'atolitoli Prison after his appeal against conviction on possession of 39.65 grams of cannabis was dismissed by the Appeal Court on April 17 in Nuku’alofa.

After a jury trial before Lord Chief Justice O.G. Paulsen, he was convicted on possession of this Class B drug and was sentenced to 18-months imprisonment on September 7, 2018.

He was released on bail pending his appeal but has been sent back to prison.

The Court heard that Tonga Police had during a search of his home in Kolofo'ou found the cannabis in his possession.

Helu’s essential complaint was that his trial was unfair because the jury was not presented with all evidence about the circumstances of his arrest and the drugs found.

“During the hearing of the appeal we pointed out to Helu that the prosecutor was unable to present the evidence because Helu had successfully applied to have it excluded. We also made the obvious point that if the Police had been permitted to present this evidence, the case against him would have been even stronger,” stated the Appeal Court.

"Given that Helu’s concerns were entirely his own making, he cannot complain of unfairness. We are satisfied there was sufficient evidence before the jury to sustain the conviction and there was no unfairness in Helu’s trial that could have led to a miscarriage of justice.”

The Court heard, shortly before his trial on April 22, 2017 Helu challenged the validity of a search warrant executed at his home.

The Chief Justice then ruled on August 8, 2018 that the search was unlawful and ordered that the evidence of the search and what was found was not admissible in his trial.

He also ruled that Helu’s confessional statements made to the police one and a half days after his arrest during the search were made voluntarily and were not result of any inducement. 

The appeal was dismissed. His bail was revoked immediately and must surrender to serve his sentence.