A husband and wife who pleaded guilty to possession of methamphatamine were sentenced at the Supreme Court on July 20. One received a suspended sentence, while the other was placed on a good behaviour bond.

The 39-year-old husband, Uai Kalonihea was convicted of possessing 0.17 grams of methamphetamine. Lisia (33) was convicted on possession of 0.01 gram.

Lord Chief Justice Whitten during sentencing, said the two defendants are married.

They have five children and the eldest is 13-years-old.

On April 16, 2019 Police worked towards credible information that the defendants were in a room at Simon's Guesthouse in Kolofo’ou and were supplying illicit drugs.

The Police conducted a search without warrant and found the defendants in their room. As Police entered the room, Uai ran to the bathroom and tried to flush some of the illicit drugs down the toilet.

However, Police managed to retrieve four packets containing methamphetamine.

Lisia was also found with three packets of methamphetamine, two in a plastic bag and one inside a maxi pad packet in her bag. The drugs and other paraphernalia were seized and they were arrested for possession.

The defendants who did not cooperate with Police had no previous convictions.

The Chief Justice said, at the start of their trial, the Crown sought leave to amend each count on the indictment by reducing the weights by excluding the weights of the bag in which the methamphetamine was found.

The defendants then pleaded guilty to their amended charges.

The drugs were originally weighed and the four packets found inside the toilet totaled at 1.21 grams. The three packets found inside the wife's bag totalled 0.91 grams.

The Crown suggested this case has a hint of supply about it and not merely possession.

However, the Chief Justice said he must sentence both on the charges brought by the Crown, which they pleaded guilty to.

Sentence

The Crown proposed sentences for each defendant of good behavior bonds for 12-months with conditions of probation and attendance at a drugs awareness course.

At the same time, the defence counsel said they are remorseful, especially with the realisation of the risk that their offending could have left their children with no one to look after them.

He said, they have stopped using drugs and 
their church is providing support for their change of lifestyle.

The Chief Justice took into account both defendants' lack of previous convictions and their guilty pleas albeit on the first day of trial.

"I accept that their resistance to that point was based on a difference in view about the weight of the drugs, and once that was effectively conceded or acknowledged by the Crown, they have entered guilty pleas. I will regard that as being as close to as early as possible as was available in those circumstances."

However, he had significant concerns about the actual nature of their involvement with these drugs.

“Apart from the other indicia to which the Crown pointed namely scales, cash and other empty plastic packets found when their room was raided, a serious question arises as to what they were doing in a hotel room with these items when they were found.

‘They have a house in which they live with five children. There must therefore have been some reason for them to be with this methamphetamine and other paraphernalia somewhere other than at their own house,” he said.

“However, as I have indicated, they have pleaded guilty to charges brought by the Crown for possession only.”

He then sentenced Uai to six-months imprisonment, which was fully suspended for 12-months on conditions.

Lisia was convicted of possessing 0.01 gram of methamphetamine. She was placed on a good behavior bond for 12-months on the same conditions as her husband.

“To the best of my knowledge, that is the lowest weight ever dealt with in this Court,” the Chief Justice said.

However, if they continued to live a lifestyle or associate with others that might tempt them to use drugs again,“ just look at their children and think what it would be to lose them.

"Stay away from drugs and anyone associated with them. You have a life to lead the best you can and your children need and deserve for you to give them the best life they can have."