Offender in road drug bust gets suspended sentence [1]
Thursday, May 4, 2023 - 17:57
Rajh Kumar (33) received a suspended sentence for attempting to destroy evidence, namely methamphetamine, during a road drug bust by Police at Haveluloto in 2021.
Hon. Justice Tupou KC sentenced him on 4 May at the Supreme Court in Nuku’alofa. He was convicted for attempting to knowingly destroy evidence capable of being used as evidence in the commission of an offence, after a trial in February.
The offending was on 11 December 2021 when an unmarked vehicle carrying four police officers on road patrol were travelling from Veitongo towards Nuku'alofa on Vaha'akolo Road.
The judge said when they reached the front of the TASA building at Haveluloto, they noticed Sione Fifita, a known drug offender on the side of the road looking across the road. Inside the car were three men, including the defendant who was seated on the passenger seat at the front and Sione was seated at the back.
“Police asked them to step out of the car. Before the defendant got out, he was seen dropping something out of the car. When he stepped out, he put his foot on it and was dragging it with his feet. He refused to remove his foot when he was asked to. One of the officers removed his foot and discovered a small plastic pack with white residue inside.
“At the same time, one of the police officers searched the car. He saw white powder spread across the front passenger’s seat where the defendant was seated. The three men were taken into the police station for questioning on the same day.”
The small plastic pack tested positive for methamphetamine, said the judge.
“The probation officer placed the defendant as low risk of re-offending because he was financially secure and suggested that probation supervision will prevent him from using drugs. A partial suspended sentence with conditions was recommended, as the defendant's only previous conviction was for driving without a licence in 2011.”
He was then sentenced to 18-months’ imprisonment which was fully suspended on conditions.
The judge warned the defendant that failure to comply with these conditions will result in the suspension being rescinded and he may be serve the balance of his sentence in prison.