By Linny Folau

Repeat drug offender Pangi Puloka (47) who is currently imprisoned, was unsuccessful in his Appeal against conviction on drugs offences.

Puloka appealed against his conviction essentially on the grounds that there was insufficient evidence upon which the trial judge could have found him guilty beyond reasonable doubt. There was no appeal against sentence.

The Court on October 1 dismissed his appeal against conviction, after they ruled the judge did have a sufficient basis for the conviction.

He was appealing against his conviction by Justice Langi, after a trial for possession of illicit drugs, namely methamphetamine and cannabis seized on April 19, 2019.

He was charged jointly with Faka'osi Katoa, who was also convicted of the same offences and both got imprisonment sentences. Three other persons also tried along with them were also convicted.

The Appeal Court in its judgment said much of the evidence called for the Prosecution at trial was undisputed. 

On 19 April 2019, at around 11.00pm Police received information that drug dealing was happening at Puloka's residence. When they got there, Police established there were many vehicles parked at the residence. 

The decision was made to search the premises without warrant under the Tonga Police Act and although the validity of the search was challenged at trial, there was no issue in that respect on appeal. 

When the Police arrived at the address accompanied by members of the Tactical Response Group, they went into what was described as a compound to secure the area. 

At the back of the compound a trailer (also described elsewhere as a caravan) was located in which Puloka lived. There was also another trailer occupied by a fourth accused and his girlfriend. Next to the two trailers was a shed with a pool table where the Police found some ofthe accused and other men playing pool and sitting around the area.

Officer 'Akau'ola went into Mr Puloka's trailer and found him inside holding a test tube. He was taken outside and gathered with all others present and made to sit or lie down. 

Inside Puloka's trailer, the Police found an external hard-drive on top of a table. The hard-drive was opened and found to contain 12 packets containing 0.2 gms of methamphetamine and two packs containing 1.48 grams of cannabis. 

The Police also located varying quantities of methamphetamine and cannabis in the possession of or associated with the three other accused.

Sufficient evidence

The Appeal Court said, they were not persuaded that the judge was wrong to conclude that the case against Puloka, based as it was on circumstantial evidence, was proved beyond reasonable doubt.

Despite, Puloka's evidence that he had told his friends not to bring drugs to the property, the quantities of methamphetamine and cannabis located on the night in question show that his directions, if given were ignored by his friends. Puloka must have known that.

Secondly, the judge was entitled to conclude on the evidence she accepted from Tau'aika that Katoa brought the external hard-drive to the property every day. Again, Puloka must have known that. 

Thirdly, the judge was well entitled to conclude that there was a familiarity between Puloka and Katoa such that he felt very comfortable entering Puloka's place. In addition, no attempt was made to explain why an object intended to drive some form of electronic device was carried around in this way and routinely left in Puloka's caravan.

The Court mentioned another matter that the judge did not refer to in her reasons for verdict. 

When the Police went to the property, Puloka was not lying down in his caravan as he stated in evidence but was holding a test tube. We were told this evidence was unchallenged.

"It suggests to us that it was open for the judge to infer that Mr Puloka was participating in drug use himself at the time of the offending. This is another apparent inconsistency in his evidence which the judge would have been entitled to take into account."

The Appeal Court ruled there was a sufficient basis in the evidence for the judge to be satisfied beyond reasonable doubt of all the essential elements of the crimes, with which Puloka was charged.

The Court then dismissed his appeal against conviction.

The Appeal Court judges included President Whitten with Hon Mr Justices Hanson, Randerson and White.