The Court heard on May 26, 2020 Police received reliable information that the accused was currently supplying illicit drugs from his vehicle, at his home in Fo'ui.

Police went to the accused home and found him sitting inside a parked vehicle. Police searched him and found one packet of methamphetamine, $900 pa’anga in his hand and $670 inside a bag, he was also holding.

Also confiscated was a white straw, one scale, two passports in the name of 'Siosifa Paea he Lotu Fotu' and one Samsung mobile phone.

The accused admitted to the offending. He did not have any previous convictions.

The judge said the accused is married with children and their source of income is derived from him farming at his parent's bush allotment and remittances sent from family overseas.

He sought the mercy of the court and asked for an opportunity to turn his life around to become a better person.

“However, there is an alarming increase in drug-related offences in our country which is of great concern to the courts, government and the general public. It is no secret that methamphetamine is becoming increasingly common in Tonga,” said the judge.

The substantial amount of Class A drugs seized and the need for deterrence, in my view outweighs the mitigating factors and the justice of this case warrants only a partial suspension."

Sentence

The accused was then sentenced to three-year nine-months imprisonment.

However, the final 18-months was suspended on conditions, meaning he is now serving two-years and three-months.

The judge accepted that the accused was deeply remorseful and that he was a good candidate for rehabilitation, warranting the partial suspension.

"With the right tools given to him through drug and alcohol courses and with the support of his family, I believe he has a good chance of turning his life around and becoming a more responsible person in the community."

Meanwhile, the cash and personal properties were forfeited to the Crown, with the methamphetamine to be destroyed.

The judge, said in relation to the vehicle that was seized from the accused, she accepted a submission from the defence counsel that the vehicle had not been proved to be property of which the offence was committed.

She said, the accused was not charged or convicted of supplying illicit drugs from his vehicle.

He was charged only with being in possession of illicit drugs and it cannot be said that he was using the vehicle to be in possession of illicit drugs.

"The drugs were found on him and even if they were found in his vehicle, the application to forfeit the vehicle would still be unreasonable as this would also mean that the Crown should also seek to forfeit the houses of every accused found in possession of illicit drugs in his house. A house would fall within the meaning of 'property' just as a van falls within the meaning of "goods or property."

The judge then refused the order sought by the Crown to forfeit the vehicle. The vehicle is to be returned to the accused's family.