Tonga marijuana case dismissed [1]
Thursday, December 18, 2003 - 12:22. Updated on Sunday, May 11, 2014 - 10:57.
The first marijuana case to be tried under Tonga's tough new Illicit Drugs Control Act was dismissed by Chief Justice Ward at the Nuku'alofa Supreme Court on December 8.
Samiuela Mafi, of Houmakelikao, was charged by the police for the possession of 0.450 milligrams of marijuana. The Chief Justice found that there were irregularities in the police handling of the case and the police also failed to provide credible evidence to support their case.
Judge Ward pointed out that after the police searched Samiu's house and found a substance on September 27, it then took them 24 hours to get the evidence registered. He said that this delay rendered the evidence unreliable and the crown could not prove that the evidence in court was what the police had actually found in the accused...s home.
The legal counsel for the defendant was Siosifa Tu'utafaiva, and the crown prosecutor was Sione Sisifa.
Under the new Illicit Drugs Control Act a person who is found guilty for the possession of illicit drugs is liable to a fine not exceeding $750,000 or imprisonment for a term not exceeding 25 years or both.