Suspended jail sentences were imposed on Kuliti Tongamoa for supplying cocaine to ‘Epeli Taione, who was found guilty on possession of the illicit drug.

Both were convicted in December last year, after a trial at the Nuku'alofa Supreme Court.

Tongamoa a repeat offender was found guilty on supplying 0.01 gram of cocaine at his vehicle repair shop in 'Umusi.

Taione, a first time drug offender, was convicted on possession the same amount of the illicit drug, when he was found sleeping on a mattress beside evidence of cocaine sniffing.

Acting Justice Langi during sentencing on February 26 said the cocaine was seized on January 25, 2020 by the Police Drugs Enforcement Taskforce.

The search was carried out at the repair shop at around 4.05am.

Police found a bag containing empty dealer bags and white powder. Another bag was found containing cash and more dealer bags. The total amount found inside the bags was $3724 pa'anga.

Meanwhile, inside one of the rooms Taione was found sleeping on a mattress next to an ipad. On top of the ipad there was a straw and white powder residue. Police seized $1470 from Taione's wallet.

The white powder seized from this workplace was analysed and tested positive for cocaine.

Suspension

The judge said the unequivocal message that must be sent out to the youths and the people who use or deal with illicit drugs is that if you involve yourself in drug offending you will receive an imprisonment term as a general rule and the only question for the judge is how long is appropriate.

"Given the minimal amount of 0.01 gram of cocaine, which would be at the lowest end of the spectrum of weights and the recommendation by the Crown of a full suspension in any sentence given, consider it appropriate to fully suspend the sentence on conditions."

Tongamoa was sentenced to 15-months imprisonment, which was fully suspended for two-years.

Taione was sentenced to six-months imprisonment, fully suspended for one-year.

The suspensions are on conditions they are to remain crime free during the probation period and must complete rehabilitation courses on drugs and alcohol. 

There was no order for community service because of the “infinitesimally small amount of cocaine”.

The judge also ordered that the cash seized from both accused be forfeited to the Crown, but all other personal belongings returned to them.

The cocaine was ordered to be destroyed.

Background

Pre-sentence reports revealed Tongamoa had migrated with his family to the United States, when he was two-years old. He was deported back in 1998, after committing criminal offences here.

Married with four children, he is the sole breadwinner for his family and their main income derives from his mechanical services.

He told the probation officer that the drugs did not belong to him and did not know how it got to the house.

The judge said, for him to maintain his innocence after having been caught in possession of damning circumstantial evidence indicating dealing in drugs and having been convicted of supplying cocaine to Taione demonstrates a reckless and could-not-care-less attitude.

Taione

Taione, on the other hand is married to Hon. Salote Lupepau'u Tuita, who is a member of the Royal Family.

He is currently employed by an American-owned company called 'Tristen Technologies' as Managing Director for its sub-branch here in Tonga. 

The judge said, the reference letter submitted from the company stated that they are currently exploring opportunities to work with the Ministry of Education.

He is a member of the UNISON Company (import and export) where his wife is also the Director. He assists the company in arranging for importation of heavy machinery from Honolulu.

Taione also previously held the position of Chairperson of the Tonga Rugby Union Committee from 2012 to 2015.

Denial

In relation to the offending, he too maintained that he has no knowledge of the substances he is charged with.

He told the probation officer that he only recalled having a fight with his wife and she locked him out of their apartment, which is why he had gone to Tongamoa's house.

He was very drunk and could not recall everything that happened. He only remembered vomiting and being assisted to the mattress, where he was later found. He was only woken up by the police who questioned him about the white substance.

Taione also told the probation officer that although he is innocent, he takes this matter as a positive thing which has made him want to improve his life

The judge said, the probation officer was also of the opinion that no rehabilitation courses should be ordered because Taione denied using and therefore does not have a drug problem.

“This is inconsistent with the evidence upon which I had convicted the accused and inconsistent with his text message that he is sniffing at Creeds. It is disappointing that the accused continues to maintain his innocence and maintains that he has no drug problem as this sort of behaviour is a sure recipe for re-offending," said Justice Langi, before the sentencing.