Tinitale Finau (45) was sentenced today at the Supreme Court to two-years imprisonment, which was fully suspended for cultivating 54 cannabis plants in 'Eua.

Hon. Mr Justice Niu during sentencing said the accused was found guilty by a jury for the offence committed on June 27, 2019.

The cannabis was cultivated in a bush area near 'Eua High School in 'Ohonua, where the accused was teaching.

The probation officer said Finau is married with five children. He holds a Bachelor of Commerce from the University of the South Pacific attained in 2008.

He taught at 'Eua High School and until he was charged with this offence was the Head of the Maths Department. 

The judge said, after being charged he was suspended from his position as a teacher and head of department without pay. 

The probation officer said the accused now relied on his wife's work (teaching) and his kava plantation for financial support of the family. 

Despite that, he is still active in the community and is the secretary of the 'Eua Sports Council.

The probation officer said the accused was not like the ordinary run-of-the mill drug user or dealer and that what he did was out of character because he had always been law abiding and a model citizen.

In addition, he posed no likelihood of re-offending and had no criminal conviction until now.

The Crown, however, did not agree, and recommended that the accused serve two-years imprisonment without suspension.

It based its view on the large amount of cannabis that he had of 54 plants, which came to a total weight of 115.23 grams and that it indicated his cultivation of the same for commercial purposes, that is, for sale for profit, said the judge.

“I agree with the Crown counsel that the appropriate sentence for your offence is two-years imprisonment but I do not agree with him that no suspension of that sentence be allowed. I agree with the probation officer and defense counsel that your sentence be suspended and I consider that the suspension be as long as the law allows, namely three-years,” he said.

“That is because you have led a productive and useful life to you and your family as well as to the community at 'Eua and you continue to do so even up to now. You have shown that you have rehabilitated yourself and have got on with your kava farming to maintain yourself and your family.”

The accused was then sentenced to two-years imprisonment fully suspended on conditions, that he must not commit another offence punishable with imprisonment during suspension and must serve 80 hours of community service.

The Police was ordered to destroy the cannabis.