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Court confiscates money seized in drug bust [1]

Nuku'alofa, Tonga

Tuesday, September 29, 2020 - 17:58.  Updated on Friday, October 2, 2020 - 16:24.

Cash of $5,639 pa’anga that was seized by Police from 'Epuefi Holiday Laimani in a drug bust is tainted property. It was ordered by the Nuku'alofa Supreme Court to be confiscated to the Crown to be deposited into a Tonga Confiscated and Forfeited Assets Fund.

Hon Mr Justice Niu in a ruling this month said the police searched a hut in which the accused was living on August 1, 2018.

In the presence of the accused who was watching, police found inside the hut, crumbled cannabis wrapped in a tissue in a gap in the brick wall; 10 large plastic packs of methamphetamine, three small plastic packs of methamphetamine in a closed small plastic bowl and 11 small plastic packs of methamphetamine, with cash of $5,639.

The accused was charged with possession of a class A illicit drug, methamphetamine and after a contested trial was found guilty and was convicted in 2019 by a former Chief Justice.

He was sentenced to two-years nine-months imprisonment, to start from his date of remand in custody on October 10, 2018. The final six -months of the sentence was suspended for two-years on conditions.

The judge said on July 9, 2019 the Attorney General filed an application that this Court orders that the cash of $5,639 (but incorrectly stated in the application to be $5,539) be confiscated, in accordance with the provisions of S.34 of the Money Laundering and Proceeds of Crime Act.

In addition, he was satisfied that that property was tainted property in respect of a serious offence of which a person has been convicted, namely the accused, who was convicted of of possession of methamphetamine.

The judge ruled that this money be confiscated to the Crown to be deposited into the Tonga Confiscated and Forfeited Assets Fund established in the public accounts of the Crown under section 48A of the Money Laundering and Proceeds of Crime Act 2000.

In addition, such funds are to be managed and utilised in accordance with the relevant statutory provisions governing that fund, said the judge.

Tonga [2]
Nuku'alofa Supreme Court [3]
Hon Mr Justice Niu [4]
Illicit Drugs [5]
From the Courts [6]

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Source URL:https://matangitonga.to/2020/09/29/court-confiscates-money-seized-drug-bust

Links
[1] https://matangitonga.to/2020/09/29/court-confiscates-money-seized-drug-bust [2] https://matangitonga.to/tag/tonga?page=1 [3] https://matangitonga.to/tag/nukualofa-supreme-court?page=1 [4] https://matangitonga.to/tag/hon-mr-justice-niu?page=1 [5] https://matangitonga.to/tag/illicit-drugs?page=1 [6] https://matangitonga.to/topic/courts?page=1