Accused in 3kgs meth case sentenced to 15 years jail [1]
Wednesday, November 11, 2020 - 17:54
Lisiate ‘Otuhouma (29) was sentenced to 15-years imprisonment at the Nuku’alofa Supreme Court for possession of 3 kilograms of methamphetamine at his home in Fahefa in 2019.
Hon Mr Justice Cato sentenced the accused today, his last day of sitting before retiring from the bench, after eight and a half-years of service.
The accused was found guilty in a trial before the judge on September 29 on one count of possession. He was remanded in custody for sentence.
The judge said, the offending was on April 17, 2019 at Fahefa, where he possessed 3kgs of methamphetamine.
Police received reliable information that drugs, suspected to be methamphetamine were being stored at the accused's residence at Fahefa. The police went to search the residence and found a taped bucket containing several packets of methamphetamine, known as ice, weighing in total 3,090.4 grams.
“I rejected the accused's explanation that he was the recipient of the bucket but did not know it contained drugs. My reasons were set out in the verdict.”
However, the judge approached the sentencing on the basis that the prisoner being in possession of 3kgs of methamphetamine, an amount that was capable of being distributed by him personally or on behalf of another for very considerable financial gain.
He also rejected the accused's uncorroborated evidence that he was merely holding it for another, temporarily.
Commercial purpose
Meanwhile, the Director of Public Prosecutions, Semisi Lutui who acted for Crown, said in his sentencing submissions that the methamphetamine found was clearly for commercial supply, either by the prisoner or someone associated with the prisoner for considerable financial gain.
“There is no evidence of pressure or naivety. Rather, the Crown submits that the prisoner knew what he was doing when he possessed such a large quantity of methamphetamine, and must have been aware that the intention was to sell it and profit from the sale.”
He further submitted if not for the Police finding this large cache of drugs, it would have caused significant damage to Tonga and its people.
“I agree. For several years now, this Court has denounced methamphetamine in Tonga and repeatedly said that those who chose to possess large quantities of methamphetamine do so at their peril and can expect condign punishment to follow if apprehended and convicted.'
The judge said, methamphetamine has the potential to do great harm to the Tongan community, in terms of addiction and the consequent causation of collateral crimes in order to fund a habit.
'Unlike the experience in other countries, until the last few years, methamphetamine was slow to gain traction but it is plain that it now, despite our condemnation of this kind of offending and the Police arresting this development, it appears to have gained a more significant presence in Tonga.'
in addition, there are limited remedial facilities available to address drug abuse here and those facilities that do exist are likely to be placed under much greater pressure unless this trend is reversed, he said.
The Court heard the accused, who is married with a son, worked as an engineer in a plantation. He has no formal qualification.
The probation report said he had no previous convictions and was said to express remorse for his offending.
“I find this surprising given his decision to defend the proceedings and it seems disinclination to co-operate further with the prosecution,” said the judge.
He then sentenced him to the 15-years imprisonment, backdated to the date of his remand in custody for this offending.
However, the final two-years of his sentence was suspended on strict conditions.
Sifa Tu'utafaiva was the counsel for the accused.