Kaufusi Moala (30) was sentenced today to six-months imprisonment for possession of 0.26 grams of methamphetamine.

Lord Chief Justice Whitten QC sentenced him at the Nuku’alofa Supreme Court, after the accused changed his plea to guilty on the day of his trial on August 12.

The court heard that on August 21, 2020 Police received information that the defendant and his co-accused, Maka Latu, were selling drugs from Latu’s residence in Mataika. At around 7:00pm, Police entered the residence and conducted a search without warrant. The defendant was standing outside the veranda. While, Latu tried to escape but was later apprehended.

Police found, among other things, 0.04 grams of methamphetamine in a packet which had been chewed by Latu, 0.26 grams of methamphetamine at the veranda and 2.71 grams of cannabis inside the house.

The Chief Justice said on May 21, Latu was sentenced to a total of eight-years’ imprisonment for the charges arising out of the search, as well as a range of other drug-related charges across a number of other proceedings.

The statutory maximum penalty for possession of methamphetamine at the time of offending was a fine of $1 million or 30 years’ imprisonment or both.

The Chief Justice said, “as it has been been stated on numerous occasions during the recent surge in the so-called war on drugs, particularly methamphetamines, the Court’s stance, and approach to sentencing has been described that; methamphetamine is a scourge to societies everywhere that has effected a great deal of harm and misery.

“The distribution and use of methamphetamine in Tonga is a significant government and community concern.”

“While, the defendant does have previous criminal convictions, they are relatively old, meaning that he has enjoyed a significant period free of crime, during which, he appears to have settled down, married and had children. This was also his first detected drug related offending. 

“Therefore, for his relatively, relevantly and reasonably good previous record and late guilty plea, I reduce that starting point by two months, resulting in a sentence of six-months imprisonment,” he said.

The Chief Justice added, although there was no suggestion of coercion by his co-offender, he took into account the likely influence on the defendant of a long-term career criminal of the likes of Maka Latu.

"Given that he is married with young children and gainfully employed, I am reasonably confident that the defendant is likely to take the opportunity offered by a suspended sentence to rehabilitate."

The defendant was then sentenced to six-months imprisonment, fully suspended for the 12-months on conditions, that included probation and completing a drugs awareness course with the Salvation Army.

Failure to comply with the above conditions may result in the suspension being rescinded, in which case, the defendant will be required to serve the term of imprisonment, he said.

The drugs were ordered to be destroyed.