Lisiate ‘Otuhouma (29) was found guilty at the Supreme Court for possession of 3 kilograms of methamphetamine at his home in Fahefa in April, 2019.

Hon Mr Justice Cato on September 29 found him guilty of the offence, after trial. The accused is remanded in police custody for sentencing on October 30.

The Court heard that on a Friday evening April 17, 2019 a Senior Constable of the Drugs Enforcement Taskforce received what he regarded as reliable information from a police informant that methamphetamine could be found at the accused's home in Fahefa.

The accused was living there with his wife and mother-in-law. 

Police witness said during their search, they located a bucket in plastic that was sealed inside a wardrobe in the bedroom of the accused (and his wife). The bucket was closed and taped and covered with plastic.

When opened it held a large amount of a white substance subsequently analysed in Auckland by the ESR and found to be methamphetamine or ice.

The accused was present throughout the search.

Bucket of meth

The Court heard from the accused's evidence that he had been at the hospital with his wife when his employer, a man named “Y” who resided at 'Utulau asked him to go to his wife’s "Z's" residence and pick up his car.

After they had picked up the car, Z said to them to inform Y that those are all the stuff in the vehicle. They went to Y's residence at 'Utulau and relayed the information from Z.

There was a bucket that was not wrapped and it was full of lollies. He was told to take the bucket with the lollies for his children to have.

In addition, the accused claimed that Y then told him to take the sealed bucket to his place and& someone would pick it up.

He was happy to take it because he thought it would be lollies. His wife distributed some of the lollies and he placed the sealed bucket in the wardrobe and told his wife's mother that it was for someone else.

He denied having any knowledge of the illicit drug inside this sealed bucket.

Conviction

The judge after hearing the evidence accepted the Police officer's version of what was said, and rejected the accused's version.

He said this was not a case where the accused simply stated he said nothing at all to the police.

“Various alternative versions were put by defence counsel of what had transpired and what his client had said to the police. I have closely considered all he had to say, warned myself of the need to take care and closely observed the demeanour of both officers when giving their evidence and under cross-examination. I do not have any reason to reject their evidence or consider that it is possibly untrue and the product of invention,” he said.

In addition, the accused did attempt to divert the search by stating that what they were looking for was at 'Utulau.

The evidence was that police had independently proceeded upon a search of those premises in 'Utulau, at the same time as they searched the accused's residence.

“For these reasons, I reject the accused's evidence to the effect that he had no knowledge of the contents in the container. His evidence was indirect conflict with the admissions he made to the officers.

“This was an amount which was obviously capable of being distributed by him personally or on behalf of another for very considerable financial gain. I do not accept on his uncorroborated evidence alone that he was merely holding it for another,” said the judge.

"As a consequence, I find beyond reasonable doubt that on April 17, 2019 he was in possession of and control of 3kg of methamphetamine, and he is accordingly convicted of having illicit drugs in his possession."

He was then remanded in custody for sentence and a probation report was ordered to be provided.

Tevita 'Aho and Halaevalu Aleamotu'a acted for ;the Prosecution and Sifa Tu'utafaiva for the accused.