Kepilini Pole’o (28) was sentenced to 16 months-imprisonment for destruction of evidence and possession of 0.13 grams of methamphetamines seized at Vaini.

Lord Chief Justice M.H. Whitten QC sentenced her on the three counts on October 7 at the Nuku’alofa Supreme Court.

She pleaded guilty to the destruction of evidence and possession of utensils but not guilty to possession of methamphetamines. However, she was was convicted of possession, after a trial on September 1.

On December 18, 2020 police received information that the defendant and her co-accused, Sifitani Afu were selling drugs from Afu's residence. When police arrived, they entered the residence and conducted a search without warrant. 

During their search, numerous packs of methamphetamine, quantities of cannabis, cash and various drug-related utensils were found.

Police found the defendant locked inside a room occupied by her and her boyfriend, Paletili Afu. After the defendant ignored repeated demands by police to open the door, police kicked the door open, and as they entered, the Defendant was observed smashing a test tube.

In addition, a bong, scales, empty dealer packets, a total of $3,520 secreted in places such as the base of a fan and $360 in the defendant's apparel top were, a packet of methamphetamines wedged in the hinge line of the underside of the lid of a large blue plastic bin were also found.

The defendant did not co-operate when questioned.

The Chief Justice said that during her trial, the defendant contended that the police had planted the methamphetamines and that the utensils actually belonged to Paletili.

While the defendant only gave an unsworn statement from the bar table to the above effect, Paletili, who is currently serving a term of imprisonment for methamphetamines and other drug-related offending, gave evidence, he said.

"During his evidence, the defendant was caught mouthing to Paletili to say that the utensils belonged to him. Her attempted defence to the methamphetamines charge, and the manner she conducted it at trial, was regrettable and displayed a lack of judgment and remorse for that offending."

Rehabilitation

He said probation reported that in 2017, several years after the defendant's divorce, she started a de-facto relationship with Paletilii. He introduced her to methamphetamines to which she became addicted.

She fell pregnant to Paletili but gave the child to his sister to adopt.

When Paletili was arrested on a separate occasion and sentenced to prison, the defendant moved back home and started getting her life back together, including obtaining employment by sewing from home.

“She is more responsible now. She said that she did not co-operate with the police because she was scared. She said that she later admitted to the offending because she was afraid and felt 'empathy' for Paletili who 'took all the blame',” said the probation report.

The Chief Justice said, on October 5 the court received a letter from the Salvation Army Alcohol and Drugs Awareness Centre advising that the defendant had sought help from the Centre starting on September 20.

With no previous convictions, she was sentenced to 16-months imprisonment.

The Chief Justice then took into account the reported changes in her behaviour since Paletili had been incarcerated, including the glowing praise of her employer for how quickly the defendant had been able to learn new skills.

She is also a single mother of two young children.

"Consistent with the trend of decisions of this Court in recent times, and as endorsed recently by the Court of Appeal, had the amount of methamphetamines involved here been greater, I would have only been minded to suspend part of the sentence to ensure proper deterrence."

He said, after weighing all the defendant's circumstances against the relative seriousness of the offending, he was prepared to offer the defendant what is likely to be her one and only opportunity to stay out of prison, and only if she is prepared to end her involvement with illicit drugs.

The Chief Justice then fully suspended her sentence for two-years on conditions, that she not commit any offence punishable by imprisonment and must complete 60-hours community service and courses in drug and alcohol awareness.

"Failure to comply with any of the said conditions may result in the suspension being rescinded,in which case,the defendant will be required to serve her head prison sentence."

He then ordered the drugs to be destroyed and the seized items, including the cash be forfeited to the Crown.