Repeat offender, Creed (Kuliti) Tongamoa has been sentenced to 15-months imprisonment for possession of 0.17 grams of methamphetamine and possession of an unlicensed high powered assault rifle and ammunition.

Lord Chief Justice Whitten QC sentenced him on April 23, at the Nuku’alofa Supreme Court, after he pleaded guilty.

On January 25, 2020 the Police Drugs Enforcement Taskforce conducted a search of the defendant's car workshop in 'Umusi, seizing cash, drugs and mobile phones.

Later on February 12, the defendant's seized mobile phone was examined, which contained a video of the him handling and firing what was later identified to be an M-16 assault rifle (or a 5.56 mm calibre high-powered assault rifle).

The Chief Justice said, it appeared the video was made in June 2019 and a text message on the phone indicated that he was trying to sell the rifle.

Police executed a search warrant at the defendant's workshop to find the firearm, which has still not been located.

However, they seized various cartridge casings and .22 and 9mm calibre cartridges from the floor and inside the walls of the workshop. The defendant did not have a licence for either the assault rifle or any ammunition.

Meanwhile, on September 29, 2020 as the defendant was on bail for a previous case, the Drugs Enforcement Taskforce received information that he was selling drugs from his workshop. 

Later that day, police raided the workshop. When he was apprehended and searched, police found $970 in cash (including 16x$50 notes and one $100 note) and one dealer bag containing a crystallised substance. 

The substance was later tested and found to be 0.17g of methamphetamine.

The search also revealed a total of 13 dealer bags, containing 3.16g of methamphetamine as well as other drug-related paraphernalia, including a test-tube, empty dealer bags and weighing scales. Another accused subject to a separate proceeding admitted to police that these methamphetamines belonged to him.

Repeat offender

Creed has a history of convictions.

The Chief Justice said, the type of firearm (in this case) which if used for criminal purposes, could well place police officers (other than perhaps members of the Tactical Response Group) at a distinct and potentially lethal disadvantage. 

"Further, the defendant's demonstrated involvement with illicit drugs and the sorts of weapons that underbelly of society tends to seek out, also heightens those concerns."

The firearm has still not been located and that the defendant sought to sell it compounds those circumstances of aggravation, he said.

In addition, the offence was committed while he was on bail, 
the presence of weighing scales, a CCTV camera and $50 and $100 notes, suggested the defendant was dealing in methamphetamine, he said.

The maximum penalty for possession of methamphetamine at the time of instant offending is a fine of $1 million or 30-years' imprisonment, and the Court's stance on illicit drugs, particularly methamphetamines and the approach taken to sentencing has been recited& time and again.

Firearm not located

The Chief Justice said the possession of firearm occurred around June 2019.

The defendant's explanation about what happened to the rifle after he took the video, it is unclear for how long the rifle and ammunition were or have been in the defendant's possession or precisely what happened to them.

There is no identifiable diminution ;in culpability. He did not cooperate with police, but he did subsequently entered guilty pleas upon arraignment, said he said.

"In endeavouring to assess whether the defendant might respond favourably to the deterrent effect intended by a suspended sentence, ;it is also relevant to recall that he committed the methamphetamine offence, whilst on bail for the cocaine offence and the present firearms charges."

The Chief Justice then sentenced him to 15-months' imprisonment in total. 


The final six-months was suspended for two-years on conditions, that upon release he must not commit any offence punishable by imprisonment complete the drugs awareness course he is currently undertaking and a life skills course as directed by his probation officer.

Failure to comply with any of the said conditions may result in the suspension being rescinded, in which case the defendant will be required to serve the balance of his prison sentence.

The $970 in cash was ordered to be forfeited to the Crown. However, should the firearm or ammunition in this proceeding be located and seized by the authorities, they are to be forfeited to the Crown, ordered the Chief Justice.

Cocaine

Earlier, in March this year Creed received a suspended jail sentence (15-months imprisonment fully suspended for two-years) for supplying 0.01 gram of cocaine to ‘Epeli Taione, who was sentenced to six-months imprisonment fully suspended for two-years, on possession of the same amount of cocaine.

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