Kautai Moala (38) who is serving five-years imprisonment for possession of 19.49 grams of methamphetamine seized at Ngele'ia, was denied bail pending his appeal.

Lord Chief Justice Whitten QC in a ruling on July 15 at the Nuku'alofa Supreme Court, said this was Moala's second application for bail pending appeal.

On June 2, Hon Mr Justice Cooper sentenced Moala to a five and a half-years imprisonment, with the last six-months suspended for two-years on conditions.

Earlier on May 24, a notice of appeal was filed to appeal against his conviction.

The Lord Chief Justice said this application was dismissed because Moala's counsel was unable to point to any evidence nor any passage or verdict under consideration to discharge the applicant's onus of persuading this Court that his appeal has reasonable prospects of success.

On June 25, 2021 a proposed amended notice of the second appeal was filed for Moala.

"None of the grounds of the original notice of appeal were altered. Rather, an appeal against sentence was inserted which complains that the sentence imposed on Moala was manifestly excessive."

Submissions

He said, Moala submitted that;

• His sentence is manifestly excessive by comparison to the sentences of two offenders whom he has met in prison;
• He honestly believes that during the trial, the judge 'prejudged' his case by saying that the piggery was owned by Mr Moala and that therefore he should have known about the drugs found in the Fau trees
• At the time of the police raid, he was away from home and arrived back at the property to be led by police to the Fau trees where the methamphetamine was found.

Meanwhile, the Crown counsel agreed that Moala's main complaint was the inference drawn by the trial judge that he had control over the Fau trees and knew what was in them, and therefore had possession of the methamphetamines, was unsafe and unsatisfactory.

Moala's counsel also submitted, that the judge should have had a reasonable doubt about his knowledge and/or control over the methamphetamines found in what was described as 'common ground'.

The Crown counsel argued that that the applicant had failed to discharge his onus in relation to the reasonable prospects test and that the evidence referred to by the judge supported the inference drawn and thereby led to his conclusion of guilt.

The logical implication from the crown counsel's submission was that there was a hypothesis available on the evidence in relation to 'Alatini (co-accused) which ought to have led the trial judge to hold a reasonable doubt about Moala's knowledge and control of the methamphetamines, he said.

Lord Chief Justice Whitten then said, by comparison to the aspects of the evidence and reasoning, he was not satisfied that the applicant here has demonstrated reasonable prospects of success by which the verdict, as a 
matter of principle or approach or for the reasons relied upon by the trial judge, could be upset by this Court.

"On the basis of the grounds referred to in the application, and the way in which were advanced, I am not satisfied that they or any of them have a requisite reasonable prospects or real chance of succeeding in demonstrating that the inference of knowledge and control was not open to the trial judge."

Therefore, even though some of the other statutory considerations favour the granting of bail, the primary requirement of reasonable prospects of success on appeal has not been met and therefore this application must be refused, said the Lord Chief Justice.

Meanwhile, when Moala was sentenced by Hon Mr Justice Cooper in May, the judge pointed out the fact that he established a place to deal the drugs.

The evidence against him had inferred that he was running this operation to supply methamphetamine, which were seized on September 3, 2019.