Hon Mr Justice Cooper acquitted him of the single offence alleged to have been committed in 2019.

The Crown's case was that the methamphetamine was smuggled into Tonga and arrived here and seized on 10 May 2019 in a consignment, at the Customs facility in Ma'ufanga.

They also relied on the evidence of a witness Tevita Savieti, that he is the defendant's accomplice. At the time of the offence, he worked for the defendant's car rental business.

The suspected drugs were wrapped in plastic and formed five packages, they had been recovered from two "Oxi clean" washing powder buckets, where they were hidden with washing powder over them. 


The judge heard evidence from a police officer that gave him real concern that something was not as it should be in relation to the handling of the alleged drugs. 

"There was also adduced evidence of the alleged drugs inexplicably arriving at the New Zealand laboratory in totally different packaging to that it was discovered and photographed. There being also an unaccountable weight difference in those packages."

He also concluded that the evidence of Mr Savieti fell under the head of evidence, one should approach with special caution.

"Here it is a related case so making the danger for the defendant more acute. Thus, the caution required all the more necessary. 

“When I consider his evidence, it is against a background of a badly damaged case. One that, in two regards, raises real concerns of improper conduct in the investigation."

The judge said it would be quite wrong to simply cast all that aside and, in this case to say Mr Savieti's evidence could stand regardless. 


“Putting his evidence aside it leaves only the evidence of the pieces of paper found and phone calls to a number associated with Mr Ta'ai approximately two-years before the events we are concerned with,” he said.

"Consequently it means when reviewing the remaining evidence as a whole, I am not satisfied the prosecution have proved their case beyond a reasonable doubt."

The defendant was then acqutted of the offence.