Kalafitoni Toluta’u (43) of Hauloto was found guilty today of possession of 2.80 grams of methamphetamine seized at a tax allotment in 'Utulau on July 28, 2018.

Hon. Mr Justice Niu will sentence him on September 15, at the Nuku'alofa Supreme Court.

He was jointly charged with a couple Sione and Sioana Vasi. The Crown offered no evidence against Sioana, while Sione changed his plea to guilty.

Toluta'u maintained his not guilty plea and was convicted, after the  trial.

Search warrant

The judge heard from a police witness, that he was one of some 10 police officers who executed a search warrant at Sione's tax allotment, at around 5:00am on the day of the offending.

The police witness said it was still dark and they had torches. He and some officers came into the allotment from the rear, while some went in from the front, towards a house in the middle of the allotment.

Police officers then went with other officers to a bush area nearby and searched with their torches. They saw a person's head and upon shining the torch, they saw it was a girl and that she was Sione Vasi's wife and that she was sitting and was sweating, he said.

The police witness then said, he saw the accused lying on the ground hiding beside her. The police officers got the accused to stand up and as he got up, there was a black school bag on the ground where he laid.

The judge said, there was also another bag about a meter away from where the accused had laid. He said when that bag on which the accused had laid was opened and it contained a screw driver, empty packs, torch batteries, a steel file and a folded black cloth.

A black cloth was unfolded and there were empty packs and a taped up matchbox in it.

The police then removed the tape and that when the matchbox was opened, there were five packs of methamphetamine in it. He said that he asked the accused whose it was and that the accused said that he did not know, he said.

Denied allegations

The accused who gave evidence denied the allegations. While, the Crown submitted that the accused evidence was a fabrication.

The judge said, after hearing the evidence, he found as a fact that the bag containing the methamphetamine was found where the accused had laid, as stated in the police evidence.

Tthe accused knew and controlled of its contents, he said.

The judge was then satisfied beyond reasonable doubt that he knowingly possessed 2.80 gram of methamphetamine and convicted him.