Hofoa methamphetamine accused found guilty [1]
Friday, June 14, 2019 - 16:52
‘Epuefi Holiday Laimani was found guilty of possession of the illciit drug methamphetamine seized at a hut in Hofoa in August last year.
Lord Chief Justice O.G. Paulsen on June 12 found the accused guilty on one count of possession of the Class A drug in a verdict, at the Supreme Court in Nuku’alofa.
The Court heard on August 1 2018, Police executed a search warrant at the Hofoa property, where the accused lived in the one room hut.
Police found, among other things, plastic packets containing what appeared to be methamphetamine and cash (some of it hidden) totaling $5,639.
Evidence from Police witnesses during the trial said 10 larger plastic packets and 14 smaller plastic packets of methamphetamine were found inside a black bag that was attached to red shorts hanging in the hut.
The shorts belonged to the accused and the cash was found in a pocket of the shorts and in a wallet that was also in a pocket of the shorts.
The wallet also contained the accused driver’s licence and bankcard. Cash was found concealed in the wall of the hut and in two modified Ajax containers and one modified brake fluid bottle.There were also a weighing scale and empty plastic packets found.
The Court was told the packets of methamphetamine were kept safe in safe custody. A Police officer took them to New Zealand on November 8, 2018, where it was delivered to the Institute of Environmental Science Research Laboratory (ESR) for analysis.
On November 28, 2018, a scientific-analyst certificate was received from the ESR, confirming that crystals taken from one of the larger plastic packets and one of the smaller plastic packets had been analyzed and found to contain methamphetamine.
The scientific analyst certificate was produced.
Proven
The Chief Justice found it had been proven that the packets of methamphetamine were in the possession of the accused.
The accused had physical control of them and actual knowledge that the packets contained an illicit drug. Such knowledge is to be inferred from the facts that they were found in his shorts; there is no credible evidence that anyone else had access to his hut at any relevant time.
The accused lied in his evidence as to the provenance of the drugs, the methamphetamine was contained in individual packets and there were large sums of hidden cash and other paraphernalia (such as further empty plastic packets and a weighing scale).
He also argued that there were errors in the Police Officers' evidence, that they were lying and that this tainted the case against him, said the Chief Justice.
"I have dealt with the respective credibility of the witnesses and reject this submission."
The Chief Justice was satisfied that Police executed the search in good faith and that the prosecution had proved beyond reasonable doubt the charge.
The accused will be sentenced on a later date to be confirmed.