Jurors acquit two men in 14kg marijuana trial [1]
Friday, March 30, 2007 - 19:03. Updated on Friday, May 16, 2014 - 19:54.
After deliberating for two days a jury has found Siaosi Kadivuka Amanoni and Semi Vete Jr. to be not guilty on charges relating to the importation of 14 kilograms of marijuana to Tonga in 2003.
The seven jurors of three women and four men finally delivered their verdict at the Nuku'alofa Supreme Court before noon today, reaching their decision after a long deliberation after they were released into closed chambers on the afternoon of Wednesday, March 28.
The foreman who read out the jurors' verdict declared both men not guilty acquitting Siaosi on the charge of importing 14 kilograms of marijuana to Tonga in 2003, and Semi Vete Jr. on the charge of abetment of the shipment of the drug.
Today's decision finally brought to the end a case that has been retried three times. This latest started on March 8 with a new jury who were selected from the villages of Malapo and Holonga, Tongatapu.
During the three weeks trial the Crown Prosecution called 15 witnesses to give evidence. The two defence sides also called in their own witnesses in the trial that was concluded by a final summing up of the case by Justice Laurenson on March 28.
The Crown Prosecutor was 'Aminiasi Kefu. Nalesoni Tupou was representing Semi Vete Jr. of 'Anana, and Sifa Tu'utafaiva was representing Siaosi Amanoni of Ngele'ia.
Proof
In summing up Justice Laurenson told the jurors one important factor was that the Crown must prove the essential ingredients of a particular charge beyond reasonable doubt before a guilty verdict was declared. To emphasize the fact that the accused did not give evidence did not mean it helps the Crown in their case, he said.
There was no requirement for the defendants to prove their innocence and while that the accused did not give evidence the law does not state that they have to.
Justice Laurenson said that the two men were being charged with two separate charges and there were in fact two separate trials held together, "but this does not mean that when you find one guilty the other one is guilty too. You must consider the evidence of the two accused separately and consider whether the Crown proved beyond reasonable doubt each of the charges."
Amanoni was charged with the import of marijuana in June or July 2003 and the Crown had to prove firstly that the items found in the cargo imported from Fiji were indeed indian hemp, secondly was that the material imported to Tonga was indian hemp, and thirdly the Crown had to prove that Amanoni was a party to the importation and he knew that what was being imported was Indian hemp or marijuana.
In Vete's case the Crown must also prove beyond reasonable doubt that he knew about the unlawful importation and with this knowledge he assisted or encouraged Amanoni to import the goods to Tonga, the judge said.
"And if you are satisfied beyond reasonable doubt and are sure that the two accused are guilty they should be declared guilty, but if you are left with a reasonable doubt or are not sure, then the men should be acquitted of the charges brought against them, " said Justice Laurenson.