By Linny Folau

A repeat drug offender, Paula Keni Moala (53) was jailed for possession of 28.66 grams of methamphetamine and 3.81 grams of cannabis seized by Police, who received information that he was driving around selling illicit drugs in the Nuku’alofa area.

Acting Lord Chief Justice Tupou sentenced him on 21 September at the Supreme Court in Nuku’alofa. This was after he pleaded guilty to the three charges that included possession of utensils in July this year.

Offending

The A/LCJ said on 24 November 2022, Police received reliable information that the defendant who is from Tokomololo was driving around in his vehicle selling illicit drugs in the Nuku'alofa area. The Police then acted on the information and divided themselves into three teams and made their way to the suspected area in three different vehicles. They found the defendant's vehicle parked on the roadside at Popua in front of a residence. 

Police surrounded the defendant's vehicle, while he was inside. Police then informed him of who they were and why they were there, before he was removed from his vehicle and detained. 

During the search two boxes were discovered on the driver’s door. One contained one packet of suspected methamphetamine and the other contained one test tube with traces of suspected methamphetamine.

Police also pulled over the defendant's wife, who was driving another vehicle. When searched by Police, nothing illegal was found. In order to conduct a thorough search of the vehicle, she was escorted back to the Central Police Station. 

The A/LCJ said upon arrival at the station, the search of the defendant's vehicle uncovered a plastic bag containing several empty packs, a black and grey striped bag containing - one pack of suspected methamphetamine; one pack of suspected cannabis, one silver weighing scale, one pack containing one small pack of suspected methamphetamine, one pack containing three medium sized packs of methamphetamine, one plastic bag containing empty packs and a red luggage containing more empty packs.

The defendant's wife's vehicle was also searched and one smoking paper along with cannabis leaves was found. She claimed they belonged to the defendant as he drove the vehicle before. The defendant accepted the cannabis belonged to him.

On 21 March 2023, exhibits were tested and confirmed to be methamphetamine. The defendant did not cooperate with Police and chose to remain silent. He had previous conviction, including a similar offending.

The A/LCJ said the defendant requested that two matters to which he had pleaded guilty in the Magistrate’s Court be brought up for sentencing together with this matter in this Court, namely CR 2609-26½023 and CR 405,412/2023, both illicit drugs offending, one 0.07grams of methamphetamine. The other confirmed to be methamphetamine weighing 0.12 grams.

The Crown submitted the aggravating features of the offending was the substantial amount of the Class A illicit drug (methamphetamine) possessed by the defendant, that the defendant could be described as possessing illicit drugs for the purpose of supplying on the basis of the substantial amount of methamphetamine, the manner in which they were stored, the amount of money seized and his possession of utensils.

Meth scourge

“The Courts have widely accepted that methamphetamine is a scourge to societies everywhere that has affected a great deal of harm and misery. Locally, its distribution and use is a significant Government and community concern and is evident in the significant penalties legislated under the Illicit Drugs Control Act.”

“On 19 September, 2023, in open court, the defendant amongst other things explained that he is taking full responsibility for his actions. He said he has violated the law and those who had placed their trust in him. He acknowledges the bad choices he has made in life and said that he has sought help from God. He is in the process of moving to find himself,” said the A/LCJ.

In consideration of the totality principle, 3 months from CR 260-26½3 and 6 months from CR 405,412/23 was added to the sentence for Count 1 in CR 44/23, resulting in a final sentence of 5-years and 9-months imprisonment.

The A/LCJ also reactivated the 18-months suspension in a previous case taking the total sentence to 7-years and 3-months imprisonment.

The final 6-months of the sentence is suspended for a period of 3-years from the date of his release on conditions.

The accused was also given credit for any time spent in custody on remand for the subject charges of these proceedings. In addition, the cash and other items seized by police is to be forfeited to the Crown, ordered the A/LCJ.