Two men convicted in Fo'ui drug raid [1]
Monday, June 14, 2021 - 18:22
‘Atapani Pangi was found guilty of possessing 183.3 grams of cannabis, while co-accused Manu Huni was convicted of permitting the use of his house at Fo'ui for this offence in 2020.
The two men were jointly charged on possesssion of the 183.3 grams of cannabis.
However, on June 9, Lord Chief Justice Whitten QC in his verdict, convicted Pangi on possession of the 183.3 grams of cannabis and acquitted Huni, at the Nuku'alofa Supreme Court.
Pangi was also convicted of another count of possessing 37.7 grams of cannabis.
Huni, on the other hand, was found guilty on lesser counts of unlawful possession of utensils, namely three aluminum cans used to smoke cannabis and knowingly permitting his house to be used for this offence of possessing cannabis.
A third co-accused Matangi Fetu'u'aho who earlier pleaded guilty to his charges, was sentenced on June 1.
Possession
Evidence during the trial revealed that on December 28, 2020 Police received reliable information from an informant concerning Matangi selling cannabis from his home at Te'ekiu.
A group of task force officers went to Matangi's residence. When they arrived, they were told that Matangi had gone to Manu's residence at Fo'ui. The police then went to Manu's residence and conducted the search of the house.
The Chief Justice said in the two counts of possession against 'Atapani, he accepted that he was present at the house when the police arrived, he was sitting in the living room with Matangi putting cannabis in the plastic packs and as the police entered the house, he got up and ran towards the back door.
In addition, 'Atapani admitted to police that the cannabis belonged to him and Matangi.
“As for Manu, even though the cannabis was in his house while he was there and he had knowledge of it, I am left on the evidence with doubt about whether he had sufficient control over the drugs to impute to him, beyond reasonable doubt, an intention to possess the drugs,” he said.
"There is no evidence of any actual dealings between he and 'Atapani or Matangi in relation to the cannabis found that day."
The Chief Justice also said had there been, then perhaps a prosecution for an offence under s 4(1)(b) of engaging in dealings with others for the possession of an illicit drug, may have been opened.
“But that is not what he was charged with. Nor did the prosecution apply to amend the indictment. That being the state of the legislation and the evidence in this case, I must therefore find Manu not guilty and acquit him on this count,” he said.
Manu was then found guilty on the two counts of possessing the utensils and permitting the use of his house for this crime.
"I am satisfied beyond reasonable doubt that Manu was present in the living room in his house while the other two were putting cannabis in the packs. He was found sitting right in front of them, staring at them. There is no evidence that the other two were trespassing or that Manu tried to distance himself from what they were doing."
Both men are to be sentenced.