Hon. Mr Justice Cato in his verdicts on November 22, found them both guilty and remanded them in custody for sentencing on December 18.

Both accused were jointly tried on charges arising from the search of the home of Ta'ai at Ngele'ia on August 10, 2018.

The Police Officer in charge of the search, Leveni gave evidence that he and another officer got into the house through a window that led into a lounge room, and saw Ta'ai coming from the direction of the bathroom.

Evidence was given of a number of cars parked inside a fence. This was after Police had received information that drug activity was going on at the location and had reacted quickly, entering the property without a warrant. 

The defence made no objection to the fact that the search was without a warrant.

The judge after hearing the evidence was satisfied beyond any reasonable doubt that during the search a small bag of methamphetamine fell to the ground having been secreted on the accused, Falevai's pants or underwear, and seized by Police.

It was taken to the ESR analyst in Auckland and was found to be methamphetamine weighing .38 milligrams. 

"I am satisfied, that despite his attempts to suggest he did not have possession of this illicit substance, beyond any reasonable doubt, the Crown has established that he did have it in his custody and control," said the judge.

Falevai was convicted of the offence.

Drug trade 

For Ta’ai, there was no dispute, that he lived at this home in Ngele'ia with other occupants.

According to the evidence given, it was Ta'ai's bedroom that police officer Leveni located a notebook, which belonged to the accused.    

The judge was satisfied that from Leveni’s lengthy experience in drugs, six-years and about 500 cases, this notebook constituted rather more than a work book.

"It was a tick list or book, as it is known sometimes in this illicit trade, to list or record of customers, sales and amounts sold or in some cases debts relating to drugs." 

In addition, the book mentioned green and white, which Leveni said meant cannabis and methamphetamine.

The judge also accepted evidence, that referred to “G” which was for grams used for drugs, and that the price of $50 appeared extensively in the notebook was a reference to the price for small packets or sachets of methamphetamine.

“I am satisfied that other entries referred to sales. This notebook also contained on the outside the word ‘warlord’ and it was not disputed by the accused that this book belonged to him,” he said.

The judge said, he did not overlook either, the fact that the information obtained by the Police concerning drug dealing being active at the home, meant that police had to act quickly and pursued a warrantless search.  

"This reaped obvious dividends. Shortly before or after police approached the residence and may have been sighted by those inside through the surveillance camera, a number of men left the house and Falevai was one of those arrested in possession of a single packet of methamphetamine."

The fact that Ta'ai was located inside the house with sizable numbers of $50 dollar bills in his pockets, when police arrived and was the only person left there, suggests to me that the timely action of the police interrupted drug dealing activity and secured a significant amount of methamphetamine,” said the judge,

He found Ta'ai guilty of possessing 7.2 grams of methamphetamine.

Both accused were remanded in custody for sentencing on December 18.