Suspended sentences for offenders in drug case [1]
Thursday, August 4, 2022 - 19:20
Two men who were acquitted of possessing 2.19 grams of methamphetamine but were found guilty on lesser counts received suspended sentences, at the Supreme Court in Nuku'alofa.
On 3 August, Lord Chief Justice Whitten QC sentenced Kae Tau'aika (47) to 18-months imprisonment, fully suspended for two-years on conditions.
The other accused Joe [], was sentenced to 12-months fully suspended for the same duration of two-years, on conditions for unlawful possession of the same utensils.
Their co-accused Latu Selu died during an unrelated police chase.
At the conclusion of the trial on 21 June, the two co-accused were acquitted of the principal charge (possession of 2.19 grams of methamphetamines, which was found to belong to Selu).
Offending
The court heard on 30 May 2021, Police received information that drugs were being sold from Joe's residence in Kolofo'ou.
Police conducted a warrantless search. As they were surrounding and about to enter the premises, one of them heard the sound of smashing glass. When they entered, they found Kae seated on a chair by the door, while Joe was standing by an ironing board with an iron in one hand and a phone in the other.
The broken glass of a test tube was found on the floor closest to Kae in the very small abode. Near to Kae and Joe, police found a 181 dealer packs on a coffee table, and an electronic weighing scale and six test tubes wrapped in toilet paper and a bandana behind a mirror on top of a dining table.
When questioned, Kae admitted to breaking "a glass". Both otherwise chose to remain silent when asked about methamphetamine found behind the toilet cistern (where Latu Selu was initially found) and the other items found.
Rehabilitation
The Lord Chief Justice said, the only factor in favour of Kae's suspension is that it had been over 20-years, since his last significant conviction.
“These are also his first detected drug offences. During the trial, I gained the impression that, in terms of culpability, he was the minor player of the three,” he said.
"I am also moved by Kae's admission to the probation officer of suffering from drug addiction and what appears to be his genuine remorse and desire for rehabilitation. His good reputation and contribution to his community is also favourable."
He was then prepared to offer Kae a chance to continue his rehabilitation by fully suspending his sentences.
“In Joe's case and in light of his current suspended sentence, he appeared to be complying with the conditions.
“To also ensure adequate general and specific deterrence, I consider it appropriate to fully suspend the instant sentence and to make the suspension period operative, upon the completion of the suspension period of his present sentence in April 2023.
“I also consider it appropriate that the instant suspension be conditional upon performance of additional community service,” he said.