‘Okusitino Langi (47) was sentenced today to six-years three-months imprisonment for possession of substantial illicit drugs, including 43.85 grams of methamphetamine at Hala’ovave.

Lord Chief Justice M.H Whitten QC sentenced him for the possession of the meth and 2.61 grams of cannabis at the Nuku’alofa Supreme Court.

After two days of trial, he was found guilty on September 9.

After receiving information that the defendant was selling drugs from his residence, Police had conducted a search there without warrant on July 13, 2020. In a fake cavity in the rear of a bookshelf in a TV room used by children, Police found multiple dealer bags containing methamphetamines, two packs of cannabis and $390.

Police also found $1,600 in the defendant's trousers, scales and other drug-related paraphernalia. After the drugs were found, the defendant signed entries in the police diary of action by which he admitted that the drugs were his. When later questioned, he chose to remain silent.

In addition, at trial the defendant challenged the legality of the search and the amounts of drugs seized. He also gave evidence that he could not read Tongan and therefore did not know what he was signing in the diary entries.

The Chief Justice said those defences were rejected. The defendant's evidence was found to be unreliable for a number of reasons, including that he (through his counsel), had failed to put to the relevant Crown witnesses much of the evidence he gave, which was therefore considered to be recent invention.

“Even his own counsel admitted, in closing submissions, to not having previously heard some of the material evidence the accused gave,” the judge said.

"The possession of Class A drugs is a scourge on our society and the Courts should impose sentences of denunciation and deterrence."

Commercial enterprise

The Crown said, the amount of methamphetamine seized was substantial, 
the dealer bags and other drug-related utensils and cash found indicated a commercial enterprise.


The defendant also has previous convictions and lacked remorse.

Furthermore, the Crown conveyed information from the United States embassy in Fiji that, in 2001, the defendant was deported from the U.S. to Tonga for multiple criminal convictions, including possession of narcotics, theft, and receiving stolen property

“He and his family migrated to the United States in the early 1980s. That move changed his life. He became influenced by gang members and engaged in crime. By the time he was 18, he had already served time in prison. He later committed another offence, which led to his deportation to Tonga in 1997,” he said.

“As testified at trial, the defendant told the probation officer that he operates a business (owned by his brother who is overseas) selling water and performing construction work.”

The Chief Justice said, in light of his extensive criminal history, both here and in the United States, and the maintenance of his not guilty plea at trial, he agreed with the Prosecution that there were no mitigating factors, which warranted any reduction of the starting points.

“He has extensive previous convictions, although the most serious were for violence and dishonesty. His last convictions in Tonga, for Class B drugs and his last suspended sentence was almost 20-years-ago,” he said.

The defendant was then sentenced to six-years and three-months (75 months) imprisonment but the final 15-months suspended.

"Ultimately, the main consideration is whether suspension is likely to aid in the rehabilitation of the offender. If it is not, or if for any reason, rehabilitation is not relevant to the sentence to be imposed, suspension of any part of the sentence is unlikely to be appropriate."

After regarding noted factors and principles in his sentencing, the Chief Justice considered it appropriate to suspend the final 15-months sentence for two-years, on conditions.

This included, not committing any offence punishable by imprisonment and he must complete a course in drugs awareness, among other requirements.

The defendant is now required to serve five-years in Hu'atolitoli Prison.

“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 balance of his sentence.”

The Chief Justice also ordered for the illicit drugs to be destroyed and all seized items, including the cash be forfeited to the Crown.