Fainga Lavulo Tengange (32) was sentenced to six-months imprisonment, which was fully suspended for possession of 0.38 grams of methamphetamine, when arrested in Ngele’ia.

Lord Chief Justice Whitten sentenced him on March 6, at the Supreme Court in Nuku'alofa.

He initially pleaded not guilty to one count of possession of illicit drugs, which he changed to guilty in January this year.

The Court heard on December 8, 2018 police officers were on patrol duty in Ngele'ia.

As they approached Ngele'ia Government Primary School, police officers saw the defendant with several other males standing in front of the school. The police officers told the defendant and others they would be searched. 

After the search, he was found in possession of a packet of methamphetamine. The defendant told police officers that the packet of methamphetamine was his. He was then arrested and taken to the police station. When interviewed later, he admitted the offence and expressed regret for what he had done. 

The Crown submitted, as circumstances of aggravation, possession of methamphetamine is a serious crime and a concerning public issue, and the only mitigating factors was that the accused had pleaded guilty, a first-time offender and cooperated with police.

On February 28, the Chief Justice was advised there was no pre-sentence report. The Probation Office was not able to prepare it, due to no contact from the defendant.

Second chance

However, the Court heard on the same day, a reference was filed on the defendant's behalf from Hon Siaosi Sovaleni, a Member of Parliament and People's Representative of Tongatapu 3 Constituency, (which includes Ngele'ia).

Sovaleni wrote that in the past few months he had seen changes in the defendant, who had started to do "positive things for the community like playing around with the boys at their community police". 

He said that if the defendant was given a chance, Sovaleni believed he could be a positive influence on those affected by illicit drugs and that he could continue to do good things for the community and country.

The Chief Justice said, having regard to the seriousness of the offence, the prevalence of methamphetamine in Tonga and its threat to the community; that the defendant is a first time offender, the amount of methamphetamine is slightly less than in [the case of] Maile and his cooperation with police and slightly belated guilty plea, he considered six-months imprisonment.

In addition, he was satisfied by the positive remarks expressed by Hon. Sovaleni that the defendant should be afforded an opportunity to rehabilitate himself.

The defendant was convicted and sentenced to six-months imprisonment, fully suspended for one-year on conditions, that he must not commit any offence, be placed on probation, must undertake a drug awareness course, among others.

However, the Chief Justice advised him that failure to meet these conditions will result in his imprisonment.

The methamphetamine was ordered to be destroyed.