By Linny Folau

A prolific offender, ‘Okusitino Langi (49), who is serving a lengthy prison term for drug offences, received additional time for similar offending while in prison, totaling nine-years imprisonment, after being sentenced on 14 October.

Lord Chief Justice Whitten KC sentenced him at the Supreme Court in Nuku’alofa on two further proceedings.

On 13 May this year, he pleaded guilty to possession of 6.93 grams of cocaine and utensils. He again pleaded guilty to possession, while in prison, of 4.94 grams of methamphetamine and 2.15 grams of cocaine in August.

Earlier, on 5 October 2021, after being convicted at trial for possession of 43.85 grams of methamphetamine and 2.61 grams of cannabis, he was sentenced to six-years and three-months imprisonment, but with the final 15-months suspended for two-years, on conditions.

Long criminal history

He is a prolific offender, with a long criminal history for drugs, attempted armed robbery, grievous bodily harm offences, housbreaking among others.

Information from the United States Embassy in Fiji also showed that the defendant was deported from the U.S. to Tonga for multiple criminal convictions, including possession of narcotics, theft, and receiving stolen property. 

The Lord Chief Justice said it was after midnight on 12 September 2021, when Police were patrolling when they noticed a vehicle travelling westward on Mateialona Road, in which the defendant was driving with two other passengers.

Police stopped the vehicle and informed the defendant that he was being arrested for breaching the curfew (during covid-19 restrictions). They then conducted a search of the defendant and found two packs of what was later confirmed to be cocaine and $645 in cash. The defendant told the officers that it was cocaine and that it was his.

Later that morning, police conducted a search at the defendant’s residence where they found over a hundred empty dealer packs, a bong bottle, a piece of can folded into a cone and a plastic cup containing white powder and tablets.

On 20 December 2021, during a daily routine search at the prison, the officer noticed a suspicious plastic bag inside the defendant’s shoe and reported it.

The defendant was then taken to the Custodial Office to be fully searched and where officers found a total of five packets of methamphetamine (totalling 4.94 grams) inside his shoes and $63 in cash. He admitted to owning the drugs.

The next day, the defendant’s cell was searched and a packet of cocaine (2.15 grams) and $36 in cash were found inside his mattress.

“The Crown stated aggravating factors included the seriousness of the offence, the possession of illicit substances continues to plague our society, presumption of selling Class A drugs. The other crime was also committed, while he in prison for similar offending.

“In addition, he has a long list criminal history including for similar offending here and in the United States.”

Circumstances of offending

The Lord Chief Justice said the circumstances of this offending were more troubling for two reasons.

"Firstly, for the defendant to be in possession of and selling class A drugs in prison, whilst serving a lengthy sentence for similar offending, demonstrates an even more egregious and contumelious disregard for the law than his record already depicted.

“Secondly, for the defendant to have been able to possess and sell drugs in prison suggests real operational deficiencies in security within the prison, something which, no doubt, the Commissioner for Prisons may review upon considering these remarks."

“Having regard to the seriousness of the offending, including the amounts of the class A drugs involved, that the defendant was in possession (deemed supply) of them whilst in prison serving a sentence for similar offending, his admission to selling drugs to inmates, and the other matters canvassed in the consideration section for CR31/22 above, I consider the appropriate starting point for the combined offending here to be 5-years imprisonment.

“For the defendant's early guilty plea, I reduce that starting point by 12-months resulting in a sentence of 4-years imprisonment,” he said.

He said to give effect to the totality principle, the sentences for both is a total of four-years to be served cumulatively with his current sentence, making a total aggregate sentence across the three proceedings of nine-years imprisonment. The final two-years was suspended for three years, on conditions.

The drugs are to be destroyed with the seized cash and other items seized forfeited to the Crown, ordered the Lord Chief Justice.