Raj Kumar was found guilty of attempting to knowingly destroy suspected illicit drugs capable of being used as evidence in the commission of an offence, in a drug bust on the road in 2021.

Hon. Justice P. Tupou KC found him guilty on 14 February at the Supreme Court in Nuku'alofa. His trial was held in October, 2022. 

The offending was on 11 December, 2021 at Havelu, when the defendant of Kolofo'ou committed the offence, when he threw a pack containing suspected methamphetamine out of a vehicle and stomped on it.

The judge said the witnesses for the Prosecution were four police officers, Inspector Malolo Vi, who has been a police officer for 15-years. He was second in command at the Police Drugs Enforcement Taskforce for three-years, who now works at the Watch House Division at the Nuku'alofa Central Police Station.

Drug sale

The officers were heading back to town from Veitongo on Vaha’akolo Road, after 2:00pm. They were near the Tonga Amateur Sports Association (TASA) when they spotted Sione Fifita (Sione) a known drug offender who was familiar to them. He was standing near a parked car at a mango tree, on the intersection near TASA. 

The court heard, Vi suspected that a drug sale was imminent so, they turned around and conducted surveillance on Sione’s car then parked on the right side of the road near a shop facing Sione’s car approximately 20-30 meters away. 

Vi then briefed his officers and called Sergeant Finau for back up from Havelu Saafa Road, to block that route in case Sione tried to escape. At one point, the officers moved in on Sione’s car and identified three people inside. The driver, Tevita Faingata’a, and next to him was the defendant Raj Kumar, in the passenger sea, and seated at the back was Sione Fifita.

Vi alerted the occupants of the car that they were police officers and that pursuant to the Illicit Drugs Act they had the authority to stop and search any vehicle or occupant. The driver said they understood and a request was made for them to step out of the vehicle.

Vi gave evidence to also seeing the defendant looking at his feet and dragging it up and down on the ground. Some white substance collected to one side.

Meanwhile, Tomu then searched the defendant and opened the door of the car on the front passenger side. He saw white powder spread on the passenger seat. This white powder was tested later and was positive for methamphetamine.

After hearing the evidence, the judge was satisfied beyond reasonable doubt that the Prosecution's evidence established an attempt to destroy illicit drugs. 

“That on this day at Havelu, the defendant threw a packet out of the car he was in; and the said packet contained white substance and once out of the car, he used his foot to crush the said packet.

“In addition, the packet was surrendered into the custody of Officer Pousima and was delivered for testing and the white substance later tested positive for methamphetamine. I am also satisfied that the TruNarc Scan Report was properly admitted,” said the judge.

The defendant was then found guilty for attempting to knowingly destroy suspected illicit drugs capable of being used as evidence in the commission of an offence.

He will be sentenced on 24 April.