Siaosi Brown (31) was found guilty of possession of illicit drugs, namely 222.69 grams of cannabis seized during a police search at a residence at Fanga.

Hon. Mr Justice Cooper in his verdict convicted him on 28 September at the Supreme Court in Nuku'alofa. 

The court heard on 26 April 2020 the police searched, without a warrant, the residence of Seiloni Ngaue in Fanga.

In the property were Seiloni Ngaue and his wife Uini Bloomfield, as well as Brown and his partner Veisinia Ramsay, who was about seven-months pregnant at the time. 

“In the bedroom accepted to be that of Mr. Brown and Miss Ramsay was found on the bed, a cardboard box with a large bag of loose-leaf cannabis. Another plastic bag contained approximately 100 self-sealing bags all containing cannabis inside that same box 


“On the bed on top of a silver tray with plastic laid out on top of it was a pile of loose-leaf cannabis. 
The total weight of cannabis was 222.69 grams. 
All four people were arrested.

Confession

The judge said it is common ground that in the police interview of 29 April 2020 Mr. Brown confessed to possessing the cannabis in question. 

He stated, effectively, that he had been responsible for packing the cannabis, when the police arrived to raid the premises. 

“The contention on behalf of Mr. Brown was that he had confessed only so that his pregnant girlfriend would be freed from police custody. 
Allegedly, the police having on a number of occasions asked him to take the blame so his girlfriend could be freed in exchange. 


“In this case, because of the existence of the transcripts I will not rehearse a detailed note of the evidence as I would normally do as the transcripts stand side by side with the case file and in turn this judgment,”he said.

"I have read all the material and reviewed all the exhibits as well as the charge sheet and the voluntary statement that Mr. Brown made. 


“From this, I am quite sure that Mr. Brown was making up his answers. They were entirely contradictory. He was not able to explain why the search of his person had been negative, yet he was late in the day maintaining that he had the $20 note, nor why that had not been put to any prosecution witness. 

“Whilst this is not the central issue in this case, it goes to credibility. Credibility is always a significant issue in any trial."

Search without a warrant 

"I pause to expess some surprise that the prosecution would wish to call a convicted drug user to attempt to undermine the evidence of two police officers."

He said, Mr. Ngaue was convicted arising out his possession of drugs, found in his bedroom during the same police raid of his property. As such he is a co- accused.Therefore his uncorroborated evidence was of no worth. 

"But it is more fundamental than that. I do not think that decision to attempt to undermine the evidence of the statement the officers heard Mr. Ngaue make could properly be in keeping with a cogent case strategy. 

“How can you call a convicted drug user, especially one, whose offence relates to the search in question, to suggest the officers' evidence was wrong (mistaken or untrue)? 

“It tends to make the Crown's trial process appear arbitrary. It suggested that they were trying to impeach the credibility of their own witness. That can never be permitted. And, if it fell short of that it suggested the overall prosecution evidence no longer had a coherent structure to it.

“Had this been a case where the strength of the Crown's evidence was based on the value attached to an officer's recollection and credibility, to then introduce witnesses tainted by criminality to argue before the court contrary points, would be a disastrous decision that would most likely lead to the whole case failing." 

The judge said that did not happen here because of the defendant's confession but it made nonsense of a part of the proceedings and this sort of error needs to be properly understood so it is not repeated.

He had no doubt that Mr. Brown's admission in the interview was a true confession. 

"I am sure that Mr. Brown both knew of, and was in control of, all the cannabis in question so that I am sure he was in possession of it when the police arrived searched and arrested the occupants of Mr. Ngaue's residence that evening.

“I am also sure that what was happening was that Mr. Brown was packing the drugs for Mr. Ngaue."

“In addition, there is nothing further in the evidence, such as dealer lists, direct evidence of Mr. Brown dealing or text messages regarding illicit drug supply on mobile phones associated with him, or at all, so that he can be sure that he was acting as anything other than a type of temporary custodian,” he said.

"It went further than his being a temporary custodian per se, as he was packaging so as to assist with the dealing of the drugs, not just a temporarily storing them. Nonetheless, he was also in possession of them."

The judge then found the accused guilty to be sentenced on 11 November.