Lelei Vaiangina was found guilty of possession of 0.04 grams of methamphetamine seized in a vehicle, parked outside the Central Police Station in Nuku'alofa, earlier this year.

Justice Langi delivered her verdict on November 13, at the Nuku’alofa Supreme Court.

The Court heard from a Police witness that on March 27, he was working at around 10:00pm. When he went outside sat out under a rain tree facing the police station, he noticed a dark van drive past and it swerved to the parking area next to the traffic office, at the station.

After about two minutes the van lurched forward again and turned south towards the eastern side of the gate to the police station and went to the parking inside. 
He then walked towards the vehicle to see what was going. The van, at this time was parked beside the police watchhouse. 

He saw that it was the accused with a passenger inside, named Heilala Talatala. He was acquainted with both of them.

The Court heard, the accused had been arrested once but had stayed in prison for a long time, which was why the witness was familiar with him.

Both were arguing about a phone, at the time he arrived, said the police witness. The accused was seated on the left side of the vehicle as it was a left-hand drive and Heilala was sitting on the right side of the backseat. 

Heilala then told the police witness that the accused had come over with stuff for them to smoke that night. He then looked over to the accused and noticed that he was sweating on his forehead and it seemed unnatural and suspicious. 

He told the accused that he should not leave his vehicle, because he believed there were reasonable grounds to search the vehicle.

A detective was then called in to search the vehicle, where he found one test tube for smoking inside the glove box on the front right side of the vehicle. 

He also opened the dashboard and saw a pile of documents and plastic bags and other things. When he took all those things out, the test tube was right at the bottom.

The test tube still had some “ice” inside and when he asked the accused whom it belonged to the accused told him to ask Heilala, as it might be hers. 

The accused was then arrested and charged with possession of the illicit drug because the substance was found in his vehicle. The accused claimed that he used methamphetamine for medical purposes. 

The judge said in this case, the only real issue in dispute was possession.

The accused did not challenge the legality of the search without a warrant or that the substance found inside the pipe was methamphetamine. As a result, the scientific analyst report was tendered by consent.

On the other hand, the defense case was that everything found and seized by the Police did not belong to him and had been planted in his vehicle to incriminate him, she said.

However, given that the accused was unrepresented, it was only fair that she addressed the legality of the search without a warrant. She was satisfied that the police had acted fairly and had reasonable belief that a crime was being committed.

“After considering the law with regard to possession and applying it to the evidence I have heard, I am satisfied that the Crown has proven that the accused had physical custody of the illicit drug,” said the judge.

The accused was found guilty and convicted to be sentenced on December 3.