A man was acquitted of unlawful possession of a .38 pistol by a Supreme Court judge, who found the police search unlawful. In addition, prosecution failed to prove the charge beyond reasonable doubt.

Hon Mr Justice Niu in a verdict on June 9 acquitted Faka’osi Katoa, after trial at the Supreme Court.

The Court heard the police carried out a search without a warrant on December 22, 2018 at a caravan in Hofoa, where the Smith & Wesson .38 pistol was found.

This was after one of the police officers received information that this place had drugs in it and the accused and others were often there. 

The Crown’s evidence from police officers revealed on this night of the search, there were six persons there, including the accused.

Police searched the persons, including the accused and drugs were found on some persons, but not on the accused. 

While, one officer found the pistol on the floor beside the left armrest of the grey sofa. The accused was in the caravan when the pistol was found. 

Defense counsel, had asked the police witness why request no search warrant.

The officer said it was because he had decided that the search be done at night and so there was no time to request a search warrant. He also did not think to make a request because if they were to wait until the following day to get a warrant, the drugs would disappear in the meantime. 

The judge said after hearing the evidence, he was left with very serious doubt. He was not satisfied beyond reasonable doubt that the accused knew that there was a gun in the little house he occupied. 


In addition, the ground required for a search without warrant namely that there was no time to get a warrant, did not exist. 

“I find that the search was unlawful and the gun, that is, with which the accused is charged, was found in an unlawful search."

He upheld the defense counsel objection to its admission as evidence in the trial.

The accused was then acquitted and discharged on the one count.