Offenders in drug supply business convicted [1]
Tuesday, May 11, 2021 - 22:28
Two men were found guilty of possession of methamphetamines seized at Ngele'ia, at a place that was dealing in drugs.
Hon Mr Justice Cooper in a verdict on May 5 convicted Kautai Moala (38) of possessing 19.49gms of methamphetamine, seized from the area of a fau tree near his piggery opposite his house.
Tevita ‘Alatini (37) was found guilty on two counts of possession of 0.063gms and 0.234gms of methamphetamine.
Another accused was aquitted, in the trial in April at the Nuku'alofa Supreme Court.
The judge said, the offending was on 3 September 2019 at around 9:30am, when Police received information that Moala, was using his home to sell drugs. Police also received information about others to whom he had sold the drugs.
Police went to this house and executed a search without a warrant. Shortly after this, Police found Alatini, near the piggery facing Moala's house.
Officers searched 'Alatini and found one small plastic bag, which contained two small packets of what appeared to be methamphetamine.
Moala then arrived at his house and was informed by Police they were there to conduct a search, without a warrant, of his house.
Police began their search at some fau trees near the piggery and found near the base of a tree three test tubes, and another three test-tubes inside the fau tree. They also found one bundle wrapped in leaves on top of the fau tree. Inside this bundle was a plastic bag containing 10 packets of suspected methamphetamine substance.
Police again found another bundle wrapped in leaf on top of the fau tree. Inside this was one large plastic packet containing suspected methamphetamine substance. Police continued the search and found empty packets inside a large plastic packet as well as a test-tube inside Moala's bedroom.
The substances were tested and proved to be methamphatamine.
Drug supply
The judge said, the fact that the drugs were being hidden in the bush and the packages were disguised with leaves demonstrated that without swift action all the evidence could have completely been untraceable.
"It is quite clear, in all the circumstances, that this was an emergency any delay would lead to the drugs, the users and potential identifying ringleader of this enterprise and understanding its scale all to be lost. I am quite certain, on these facts, that the right step was immediate action and to act as they did. I rule that the search was therefore lawful."
He said 'Alatini was found with the drugs in his rear trouser pocket and a packet under him.
“Having an item in your trouser pocket creates an overwhelming inference the person in question knew about it and was in control of it. The relation to the packet found underneath him, the Police Officer asked him about this and he replied, "it is salt".
"Plainly given that he was already in possession of methamphetamine in his pocket, then there becomes an overwhelming inference that another packet, that was found underneath him that he claimed to know the nature of the contents of was also in his possession; knew about and had control of. That it was underneath him rather than in his pocket, inferred that he had tried to discard it to mitigate his involvement."
The judge found him guilty on the two counts.
In Moala's case, the area of the fau tree (where the other illicit drugs were found) is right next to the piggery, that he owned and operated.
The judge said, it was his business and at that time was an ongoing concern. There was also a guard stationed at the piggery, and that was 'Alatini (who was paid $180 per week) and who had already been established to be a methamphetamine user.
Moala was driving to the location, in his car, that day with another methamphetamine user, the numerous test tubes found showed that users were consuming at the location. That would mean the comings and goings would be those of drug addled users with their associated intoxication making them all the more obvious, he said.
"That this was happening at his doorstep, that he kept a cohort of users around him that it was going on from right next to his business and that business was guarded by a methamphetamine user create the strongest possible inference that Moala knew what was going on."
“In addition, to ensure that continuation of his drug supply business, he drove people to his home and kept them around him in his grounds too no doubt to guarantee an income for himself by drug dealing,” said the judge.
Moal was convicted of his offence.
Both men are to be sentenced on June 2.