By Linny Folau

Kautai Moala (38) and Tevita 'Alatini (37) have been jailed for possession of methamphetamine seized in Ngele'ia on September 3, 2019.

Hon. Mr Justice Cooper sentenced the two men on June 2. He found them both guilty on May 5, after a trial at the Nuku'alofa Supreme Court.

Moala was convicted of possessing a total of 19.49 grams of methamphetamine.

The judge said on the evidence before him, he inferred that Moala was running this operation to supply methamphetamine. He was even driving users to the address.

In addition, Moala also had Alatini working for him, who no doubt was guarding the piggery as well as acting as a lookout, where some of the iliicit drugs were found, he said.

Using young boys

"The pre-sentence report makes really appalling reading that Moala is identified in the community as a supplier of drugs and uses young boys from the community to run drugs for him."

“I have carefully considered whether I can take this into account at sentence. On this occasion I do not believe it is necessary.”

“The Crown should in future seriously consider charges of supply, when that can be inferred in that the possession was with intent to supply as is plain here from the surrounding facts,” said the judge. There was a need for firmer action on the problem of illicit drugs.

Moala was sentenced to five and a half-years.

The judge said, this was to reflect the fact that he established a place to deal the drugs, had at least one person, 'Alatini working for him, drove users himself to the location and made a commercial enterprise from his criminality.

“I do not decrease the sentence for lack of previous convictions because it is obvious he was at this offending for some time. He simply had not been caught before,” said the judge.

However, the last six-months of his sentence was suspended for two-years, on conditions that he complete a drug rehabilitation course and commit no offences punishable by imprisonment.

Worker

'Alatini was convicted of possessing 0.297 grams of methamphetamine.

He was caught with a relatively small amount of the drugs and there was no evidence to suggest it was anything other than for personal use, said the judge.

He was sentenced to one-year imprisonment but with the final six-months for two-years, on conditions.

"His continued denial is an expression of contempt for the verdict or any real appreciation of his criminality."

Disappointed that money seized was returned

The judge said on the ancillary order, he was very disappointed that the money seized in the police search was returned to the wife of the defendant (Moala) on her word.

"It should always be for a court to decide& the status of any money seized in these circumstances."

He then ordered that all drugs be destroyed and the paraphernalia forfeited.

Any breach of that part of the sentence or any failure to comply with probationor carry out all the hours of the community service and he will be re-sentenced, he said.