Eight local people in Vava’u were sentenced to between three years to 13.5 years imprisonment for their opportunistic roles in handling blocks of cocaine from a large shipment, found washed up on 'Otualea Beach there in 2021. They were caught in an investigation that started when children at Holeva picked up a brick of cocaine on the beach and handed it in to authorities.

The estimated 36kgs of cocaine washed ashore could be worth close to US$8.2 million on Australian market values. Not all of it was recovered.

Hon. Mr Justice Cooper sentenced the eight accused via audio visual link on 30 March at the Supreme Court in Nuku’alofa, issuing 50 pages of written sentencing remarks.

The seven men and one woman were sentenced on charges, including the supply and possession of the illicit drugs. Sentences ranged from the highest of 13 and a half-years imprisonment for the leading accused to the lowest of three-years' imprisonment, while fully suspended for another.

"For these eight defendants there is a very wide range of involvement, from those who found and accumulated, hid and then supplied the cocaine, to those that sought it out so as to supply it on, to people who sought it but seemingly knew not what to do and handed it to friends, and those that disposed of it, not wanting it or to avoid them and their families falling foul of the law,” stated Mr Justice Cooper.

Mr Justice Cooper said he was sure the defendants played no part in the importation of these drugs because to be sold commercially it needed a large scale cocaine orientated drug-dealing infrastructure for that to take place.

“In all likelihood Vava’u was, or still is, being used as a staging post for a drugs cartel or cartels involved in the international supply of cocaine," he said.

Accused

The eight accused were: Nomani Naeata, Eric Movete Lolohea, Mele Fua’eiki Pale, Tui Pale, Leonati Motuliki, Makisi ‘Ahovelo, Kapeni Tama’ua and Fe’ofa’aki Havea.

Leading offender

Leading offender, Nomani Naeata was sentenced to 13 and a half years imprisonment, with the last two-years suspended for two-years on conditions for three counts of supplying 3 kilograms of cocaine each on three separate occasions.

The judge noted that the accused entered his pleas extremely late on the day, when the prosecution was closing its case.

"I have considered carefully what Mr. Naeata's role was. He orchestrated the recovery of large amounts of cocaine he found on the beach, hiding it at his home and in one case a further packet at a beach. He then sought out others to find buyers for the cocaine and supplied them accordingly.

“He was distributing commercial quantities of cocaine to others below him in the chain with the aim of their sale and those profits. He therefore had a leading role."

Significant role

Eric Lolohea (36) was sentenced to 13-years imprisonment, with the last two-years suspended for three-years on conditions. He was convicted after a trial for possession of three kilograms of cocaine.

"He plainly was motivated by financial advantage from what he told police. Given the quantity and the clear efforts to go on to supply those illicit drugs I find that his role was significant. He involved others for financial reward, he was motivated by financial advantage and had some awareness of the scale of the operation."

Supplying cocaine

Mele Pale (32), a mother of six, was sentenced to 10-years imprisonment. The last three-years was suspended for three-years on conditions.

“This was for one count of supplying 1 kilogram of cocaine and a further count of engaging with her cousin, to supply her with three kilograms of cocaine. She pleaded guilty to these allegations, at the conclusion of the prosecution's case.

"Bearing in mind the quantities she was involved in and the attempts to distribute to Miss Na'a for financial reward as well as actually distributing to another, she plainly had a leading role, as she was directing and organising sales on a commercial scale."

“Already a mother to six other children, at the time of compiling the probation report on 5 December 2022, she was by then five-months pregnant.

Mr Justice Cooper said that Tonga joined the United Nations in 1999 and adopted the Rules for the Treatment of Women Prisoners and non-custodial measures for women offenders (the Bangkok Rules) in 2010. The rules acknowledge that women are a vulnerable group with specific needs, whereas many existing prison facilities were designed for male offenders.

“The Court was provided with a full and helpful response of the Legal Officer of Tonga Prison Department, to enquiries that includes, that a pregnant inmate or a new mother will receive the same basic rations as other women inmates, though the staff try and take account of their specific needs.

“There are no facilities available for mothers and young families, in general families are not accommodated. It was conceded there is a lack of funds to properly provide pre or post natal care. Her sentence would have to be served in Tongatapu as there are no facilities for women inmates in Vava’u,” he said.

It was ordered that she is not made to perform hard labour.

Leading role and abuse of trust

Tui Pale (54) was sentenced to eight-years and two-months imprisonment, the last two-years suspended for two-years on conditions. He tpleaded guilty late at his trial to one count of supplying one kilogram of cocaine in July 2021.

"I assess him as also having a leading role, because he abused his position of trust with the police so as to divert a full investigation into Nomani Naeata's involvement in the possession of cocaine, and that he supplied a kilogram of cocaine."

Supplier

Leonati Motuliki (34) was sentenced to seven and a half-years imprisonment, with the last year suspended for two-years on conditions. He pleaded guilty to one count of supply of 3,000 grams of cocaine.

Possession

In addition, Fe'ofa'aki Havea (22) Havea was sentenced to seven-years imprisonment, the last two-years suspended for two-years on conditions. He was found guilty on a single count of possession of 1,000 grams of cocaine, after a jury trial. Makisi 'Ahovelo (52) was sentenced to seven-years imprisonment. The last three years was suspended for three-years on conditions. He possessed a bag containing approximately 1,000 grams of cocaine and was found guilty by a jury on 11 October 2022.

Destruction of evidence

Kapeni Tamo'ua (57) was sentenced to three-years imprisonment, fully suspended for three-years on conditions that includes carrying out 50-hours community service.

He was convicted on two counts for possession three kilograms of cocaine and destruction of evidence, after a jury trial in October 2022.

"He explained that when his son-in-law, Leonati, left to go to Tongatapu he was left with the drugs and rather than bury them as Leonati Motuliki had told him, he threw them away in the sea."

The judge said his role was lesser as he performed a limited role under direction and was engaged effectively through coercion. 

"He was exploited by his son-in-law and had no influence in the chain above him."

It was ordered that each defendant remanded into custody on 15 October 2021 will have the 145 days served on remand deducted from those sentences.

Large shipment of cocaine

The judge said that the large shipment of cocaine that washed up in Vava’u started to become apparent from 23 July 2021.

On that day the Town Officer for Holeva passed on to the police in Neiafu, a brick of suspected cocaine, that had been found by children in Holeva and handed in to him. Later, information was given to the police that there was more and it was being kept in the home of Tui Pale in Ha’alaufuli.

The police met with Pale on the next day, 24 July. They asked him about those reports and he told them it was his son-in-law, Nomani Naeata, who had found the cocaine at ‘Otualea beach. Pale convinced the police he should be allowed time to speak privately to Naeata, so ensuring the investigation halted while that happened.

In reality Nomani Naeata and Mele Pale were working with Tui Pale to store and conceal the drugs, said the judge.

Raft with 36 kilos of cocaine

On a raft that had washed ashore on ‘Otualea Beach, Naeata had found 36 kilograms of cocaine, he later told the police, though stating only a fraction of that had he recovered. How much of that he truly brought ashore is unclear. Later Mele Pale boasted to her cousin that they had 17 packs hidden.

“What is perfectly apparent is that Nomani Naeata, Mele Pale and Tui Pale gave the police a number of false accounts. Five packages were initially handed over to the police by Tui Pale. Tui Pale told them there was no more. Then a further six were recovered by police from the bedroom of Mele Pale and Nomani Naeata a few days later and then a further single package from Keitahi Beach, where finally Mr. Naeata had led them.

“In the meantime, Nomani Naeata had supplied a further nine packets to others. Mele Pale had also supplied a further packet to another person and made plans to have another three sent to Tongatapu; plans ultimately frustrated by the police raid and seizures,” he said.

Value of cocaine

The judge said the packets did indeed contain cocaine and had been carefully wrapped in sheets of plastic and cling film, even leather, no doubt to keep them waterproof.

“It does not seem any were damaged in transit. They had been packaged onto a bamboo raft and left to drift, so as to find their way ashore, they must have been aimed at the Vava’u coast and for a person or persons unknown who are involved with an international criminal network in the supply of cocaine.

“The blocks were found to each weigh no less that 1 kilogram each and they bore a logo stamped into their surface. None were tested as to purity, though logic dictates they were almost certainly close to or at 100% pure,” he said.

The judge said that the United Nations Office of Drugs and Crime had produced a report collating their findings for the prices of cocaine worldwide. There are significant variations depending on the target country for importation.

“The only stated example within Oceania for wholesale prices per kilogram is for Australia in 2010. The maximum purity encountered was 90%. The prices quoted are in American dollars. In that example 50% to 90 % purity equated to a price of US$192,431.10 to $229,084.60 per kilogram,” he said.

"That means the shipment that washed up in Vava’u that Mr. Naeata found was likely to have been in the order of US$4,659,519.60 to $8,247,045.60 (Australian 2010 wholesale prices). In all likelihood it would be closer to the US$8.2 million mark than less."

“I am quite sure that Mr Naeata as well as the other defendants who fall to be sentenced by me, played no part in the importation of these drugs,” stated Mr Justice Cooper.

"To be sold commercially the cocaine needed to be cut and mixed with adulterants and then find its way to a market where that quantity could be distributed so the need for a large scale cocaine orientated drug-dealing infrastructure for that to take place. Plainly, this was not going to happen in Tonga.

Drugs cartels 

“In all likelihood Vava’u was, or still is, being used as a staging post for a drugs cartel or cartels involved in the international supply of cocaine."

He said the defendants were not involved in the importation, some went on to cooperate with the police and give evidence for the Crown at trials of co-defendants, some were involved and then disposed of everything the next day without using any, in one case disposed of everything his son-in-law had bought so that no one would get into trouble for breaking the law (at least, that is the finding on the jury’s finding).

Not only that, but Nomani Naeata, Mele Pale and Tui Pale pleaded guilty to only some of the counts they faced. Those pleas were accepted by the Crown and came with undertakings by those defendants that they would assist the prosecution,” said the judge before the sentencing.

References from Judgement in the Supreme Court of Tonga, criminal jurisdiction, Nuku'alofa registry: CR 148, 150-151, 154-156, 161 & 175 of 2021.