Man aquitted of meth possession [1]
Thursday, October 10, 2019 - 19:47. Updated on Thursday, October 10, 2019 - 19:47.
'Alifeleti Katoa (44) was acquitted of possession of methamphetamine by a Supreme Court judge, after the Crown failed to prove beyond reasonable doubt the charge against him.
Katoa was charged in relation to small amounts of methamphetamine found in two small sachets, located during a search by Tonga Police outside premises at Fangaloto, in which he resided on August 10, 2017.
The substance inside the sachets was taken to ESR in New Zealand, where it was analyzed and confirmed to be methamphetamine, weighing 0.467 grams.
Hon Mr Justice Cato in a verdict on October 1, said this was not a case containing strong circumstantial evidence.
“The evidence raised no more than suspicion that Katoa had possession of the sachets. I do not find the evidence established beyond a reasonable doubt that he had custody and control of those sachets of methamphetamine."
This resulted in the acquittal.
Case
Meanwhile, the Court heard Katoa denied he owned the methamphetamine located on the ground in the vicinity of the upstairs window of his bedroom, at the unit he was renting.
Police had executed a search warrant at his premises and a neighbouring property on this day. There was no evidence to suggest that any persons arrested in the adjacent property had been responsible for the sachets located in the property tenanted by the accused.
There were, however, other occupants present when police arrived at the property and affected the search of the accused's residence, said the judge.
He was satisfied that in a bedroom occupied by Katoa some cannabis seeds were located. He pleaded guilty to possession of what was a small amount of cannabis.
However, there were about four other occupants at these premises.
The search of the surrounding subsequently revealed, the two sachets located below the window in the accused's bedroom but the pathway near where the sachets were located, I am satisfied could have been used by any of the occupants living at this rental building of quite large size,” he said.
"The sachets were not the subject of any fingerprint examination, which was surprising and this was not explained."
The judge said, the Crown was able to prove that small amounts of methamphetamine in the two small sachets were located outside premises in which Katoa resided. But there was no evidence from any of the other occupants of the premises implicating the accused with involvement with methamphetamine.
In addiiton, Katoa made no admissions to police.
"I am not satisfied that the sachets that were located came from the accused's bedroom."