Three men were acquitted of possession of methamphetamine, after a Supreme Court judge ruled there was insufficient evidence to prove the charges against them.

Kalausa Tu’alau, Kepueli Tautua'a and Ernie Fotu were similarly charged with possession of the illicit drug, seized by Tonga Police from inside a black voxy van, at a bush area in Fatumu on June 25, 2018.

They all pleaded not guilty to these charges.

The Court heard, when Police arrived the accused were standing outside of the van. The drug was found in a small clear, plastic bag containing of what appeared to be methamphetamine hidden among a deck of cards on the dashboard.

Also seized from inside the van were .22 bullets and a .22 rifle. The rifle was found on the floor between the driver’s seat and the front passenger seat.

Hon Mr Justice Niu ruled on March 27, after hearing and reviewing the prosecution's evidence, they have failed to prove beyond reason doubt that the methamphetamine was found in the van.

Evidence

From the prosecution's evidence, police did not have any search warrant to search the van or the accused, and when they arrived there, all of the accused were outside the van and the driver’s door open.


The judge said, the substance was not produced in evidence as it was not returned from New Zealand after the analysis was carried out, because Tonga Police did not request that it be returned, as stated in a letter from ESR in New Zealand.

But photographs of the self-sealing plastic bag with the substance inside found in the van were produced as evidence, he said.

Counsel for two of the accused submitted the substance found in the search could not be proved to be methamphetamine because the substance which was analysed in New Zealand and found to be methamphetamine, differed from the substance which was found in the search because they had two different marking.

The one found being marked no “41/18” (registration exhibits number) whereas the one sent to New Zealand was marked no “51/18”.

Defence counsel also submitted that the substance found, weighed and confirmed in Tonga was 0.37 gram (or 370 milligrams), whereas the substance that arrived in New Zealand and analysed by ESR was 82 milligrams.

There is therefore a reasonable doubt that what was found in the search was not what was analysed in New Zealand, she argued.

Doubt

The judge said in regards to the different registration numbers of the exhbits as submitted by the defence, the error was only in the numbering.

"However, it was the difference in the weight that was serious. It is such that I am not sure that it is the same substance that was found in the van".

The judge then did not know if the substance found was methamphetamine for the reasons he had given.

"I do not think it is right that I should convict them of such serious charges, that is, of possession of methamphetamine, which has not been proved to be methamphetamine."

He said illicit drugs must be positively proved to be illicit drugs because of the seriousness of such offence and that is why it is presently being done.

All of the accused were then acquitted.

On the other hand, Kalausa was convicted of possessing the 297 ammunition seized, which exceeded the prescribed condition of his arms and ammunition licence.

He would be sentenced on a later date.