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Prisoner denied application to appeal conviction [1]

Nuku'alofa, Tonga

Friday, July 16, 2021 - 19:25

‘Epuefi Laimani who is currently serving five-years imprisonment for possession of illicit drugs, including 5.15 grams of methamphetamine, and bribery of a police officer was denied an application to appeal against his conviction, at the Nuku'alofa Supreme Court.

However, he was granted leave to appeal his sentence, by Lord Chief Justice Whitten QC in a ruling on July 15.

The offendings occured on the afternoon of October 10, 2018, when police seized the illicit drugs from Laimani, as he was sitting inside his car, parked opposite the Tanoa Hotel on Vuna Road.

“He elected to neither give nor call evidence at trial. While, the judge in essence accepted the evidence of the police witnesses who were called by the Crown,” the Chief Justice said.

“On April 6 this year, Hon Mr Justice Cooper found him guilty on possession of 5.15 grams of methamphetamine, 3.59 grams of cannabis and offering a bribe to a member of Tonga Police in the sum of $50, and a further count of offering a bribe to a member of Tonga Police in the sum of $3,000.

“On May 3, the judge sentenced him to five-years six-months imprisonment. The last six-months was suspended on conditions.”

A few days later on May 18, Laimani filed his Notice of Appeal.

Grounds of Appeal

The Lord Chief Justice said the seven grounds of appeal against conviction may be characterised as alleged errors of law and fact by the trial judge.

However, after analysing each ground and reasons, he found that the applicant failed to identify any error of law or fact, nor reasonable prospects of success on the grounds considered.

The leave to appeal against conviction was then refused.

As for this appeal against his sentence, Laimani submitted grounds, including that it was too excessive.

Lord Chief Justice after listing his reasons found that there were reasonable prospects of success on his appeal against sentence. He then granted his application to appeal against sentence.

Laimani is now required to file an Amended Notice of Appeal against his sentence within 14-days.

Tonga [2]
appeal [3]
drug offender [4]
methamphetamine [5]
Nuku'alofa Supreme Court [6]
From the Courts [7]

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Source URL:https://matangitonga.to/2021/07/16/prisoner-denied-application-appeal-conviction

Links
[1] https://matangitonga.to/2021/07/16/prisoner-denied-application-appeal-conviction [2] https://matangitonga.to/tag/tonga?page=1 [3] https://matangitonga.to/tag/appeal?page=1 [4] https://matangitonga.to/tag/drug-offender?page=1 [5] https://matangitonga.to/tag/methamphetamine?page=1 [6] https://matangitonga.to/tag/nukualofa-supreme-court?page=1 [7] https://matangitonga.to/topic/courts?page=1