Nasif Naushad Ali (55), a Fijian citizen who currently holds a Tongan residency permit, was jailed for possession of illicit drugs, including methamphetamine seized from his home in Kolofo'ou.

He was sentenced to a total of 18-months imprisonment by Lord Chief Justice Whitten on October 30, at the Nuku'alofa Supreme Court.

Earlier in September, he pleaded guilty to three counts of unlawful possession of illicit drugs, namely 0.86 grams methamphetamine, 1.07 grams methamphetamine and 0.4 grams of cannabis.

The Court heard on September 25, 2019 police received information that the defendant was selling illicit drugs from his residence. They carried out a search of his residence where they found a total of 14 sealed bags of a white crystal substance later tested to be methamphetamine, $709 pa'anga and $1000 in Indonesian currency; 
two Fijian passports for the defendant; 
three BSP cards (one of which belonged to him) and three handy bankcards (one of which belonged to him).

The total weight of the methamphetamine was 0.86 grams.

However, on April 26 this year police again received reliable information of ongoing drug dealing at the defendant's residence. They again conducted a search. In his vehicle, they found empty dealer packets and cash in the sums of $1,008 pa'anga, $60 NZD and $25 Fijian.

Inside the house, the police dog identified a bag in the defendant's bedroom containing one pack of dried plant material and another bag containing one test tube, empty dealer packs. In another room, police found a glass bong.

In the kitchen area, police found inside a shoe one white pill bottle containing two packs of white crystal substance, empty dealer packs and one steel bottle containing one pack of white crystal substance. In another shoe, they found empty dealer packs and a weighing scale.

The white crystal substances were later tested and confirmed to be methamphetamine weighing a total 1.04 grams. The pack of dry plant material was tested and confirmed to be cannabis weighing 0.4 grams.

The defendant had a previous criminal record for uttering currency in 2008.

Second offence

The Crown submitted that the aggravating features of this case was that the re-offending on April 26 occurred, while he was on bail for his offending on September 25, 2019.

In addition the total number of packs found, the weighing scales and empty packets are indicative of commercial supply rather than personal use.

In 2019, he started a car washing business, which is the main source of income for his family. He also earns money from polishing jewellery.

It was submitted that the weighing scales and empty plastic packets were associated with the defendant's jewellery polishing business (for weighing rings and packaging polishing powder and cream) and not with the drugs found at his house on the two occasions, which he claimed to have been for his own use and not for any commercial supply.

The defendant first came to Tonga in 1997 for business purposes. After returning to Fiji for a few months, he and his wife eventually returned to Tonga, where he originally earned a living selling jewellery.

His health was generally fine, although he suffers from asthma. He admitted to the probation officer that he purchased illicit drugs for personal use.

However, the Chief Justice said interestingly, he told the probation officer that financial hardship led him to become involved in illegal activities.

“That would tend to belie what he told the probation officer namely that his offending was only for personal use. He also claimed to have completely quit using illicit drugs, presumably since his second arrest.”

Deterrence

Methamphetamine continue to be a scourge on society, not only in Tonga but around the world, said the Chief Justice

“Like other class A drugs, methamphetamine is not just a drug of dependence; it is a drug of destruction, causing untold damage to countless individuals, their families and their communities.

"The courts play an important role in the fight against the manufacture, importation, supply and use of insidious illicit drugs like methamphetamines.

“Part of that role is to ensure that sentences imposed for such offending are adequate and effective in denouncing and punishing such crimes, provide a strong deterrent effect, not just for individual offenders but also for the general community and those who may contemplate succumbing to the toxic allure of illegal drugs."

The defendant was then sentenced to the 18-months imprisonment but with the final nine-months suspended for two-years, on conditions.

The illicit drugs was ordered to be destroyed.