By Linny Folau

Folauola Kamoto was sentenced to 34-months imprisonment with the final-18-months suspended on conditions for various drug offences that included possession of 2.35 grams of methamphetamine. Her husband Koloa Kamoto was sentenced to 12-months imprisonment.

Justice Cooper sentenced them on 27 September at the Supreme Court in Nuku’alofa.

Mrs Kamoto (41) was charged in regards to two incidents when she was in possession of an illicit drug (2.35 grams of meth), unlawful possession of utensils (2 weighing scales and 75 empty packs). The other was for possession grams of 0.51 grams of meth, attempted destruction of evidence (threw away 14 packs of meth and tried to flush it down the toilet).

Her husband (36) was charged with possession of illicit drugs (0.51 grams of meth, possession of illicit drugs (0.07 grams of meth), possession of illicit drugs (2.17 grams of cannabis) and unlawful possession of utensils (65 empty dealer packs).

The judge said that Mrs Kamoto pleaded guilty at the earliest opportunity and her only previous conviction was a traffic offence for non-payment of the vehicle quarterly tax. While, Mr Kamoto cooperated with Police and admitted during the search that the drugs and utensils belonged to him. His last known conviction was in 2017.

The Crown submitted the aggravating factors on her included the possession of illicit drugs, which is a huge issue in Tonga; and the substantial amount of Class A illicit drug (methamphetamine) possessed by the accused (2.35grams in CR81/23 and 0.51grams jointly possessed with Mr. Koloa Kamoto in CR94-95/2023).

Numerous offences

The judge said the first set of offences took place 10 February 2023. Police acted on information and attended the defendants’ home address at Hala’ovave. They found Mrs Kamoto in her fale holding a set of scales and eight packets of methamphetamine.

A further 75 empty packets were found, a straw, cash totalling $1,180 pa’anga and NZD $70.00, a mobile phone and another set of scales. She admitted all were hers and the drugs and utensils were for drug dealing, with the total weight of the methamphetamine 2.35 grams.

Meanwhile, the second set of offences on 16 March 2023, in which police raided their home again. As the police got to their home and made their presence known Mr. Kamoto ran and was pursued by officers. Mrs Kamoto used this as an opportunity to try and dispose 14 packets of methamphetamine in the toilet. Both were caught by officers.

Those 14 packets were recovered. She admitted it was methamphetamine and she was trying to dispose of it. Also seized were $130 pa’anga, what is described in the case summary as being $120 Chinese currency.

From Mr. Kamoto seized were four empty packs, a pack of cannabis and a pack of methamphetamine. Further, in the search of the property police recovered two packs of cannabis from a laundry basket, a further five packs of cannabis from a bag. Some 59 empty packets were found in a larger pack were found hidden in a Nokia mobile phone box.

Mr. Kamoto admitted they were his and all the illicit items in fact belonged to him.

In pre-sentence reports, Mr. Kamoto has previous convictions for assaulting his wife in both 2015 and 2017. While, Mrs Kamoto has a previous conviction for a road traffic matter.

“Neither have convictions for offences related to illicit drugs. But, it is quite clear from the pre-sentence reports that Mr. Kamoto is a user of illicit drugs, that he deals drugs to afford his habit and has coerced his wife into doing so also.

“Whilst it ought to be acknowledged the use and dealing in methamphetamine is a serious problem in Tonga and other parts of the South Pacific, I do not consider that an aggravating feature. 2.35 grams is not a "substantial amount" - it is a significant amount though,” the judge said.

Imprisonment

“Methamphetamine supply is serious offending. Possessing it to supply is serious and attempting to destroy it is also a serious offence. Above and beyond the serious nature of the offences there appear to be no aggravating features, save that Mrs Kamoto was on bail for the first offences when she committed the second.”

The judge said the mitigating features were her early guilty plea and co-operation with the police, “though that needs to be considered in the light of how she went on to reoffend.”

“Likewise I think the features suggested to be aggravating in Mr. Kamoto's case are in fact just the gravamen of the offences themselves.

“Mitigating factors certainly are his early guilty plea and that he has not been convicted of drug offences before. Though, that said, the only surprise must be that he was not jointly charged with the offences in 8½023 with his wife, given the later criminal behaviour.”

The judge said that the note book apparently seized at the scene in relation to the offences on 16 March 2023, was described in the case summary as a dealer's note book that Mr. Kamoto alleged admitted was his. “

I was told at an earlier hearing the police did not seize this item as an exhibit. If that is true, that would be extremely unsatisfactory. There was a mobile phone seized on 10 February 2023, but there is no evidence that anything was done to investigate that,” he said.

In sentencing Mrs Kamoto to 34-months imprisonment, the judge reflected the fact that she was, according to the pre-sentence report, truly remorseful and the she provided care for a young, handicapped child, he increased the term of suspension from 12-months to 18, balancing that by making the operational period two-years.

The last 18-months of her sentence was suspended for two-years on conditions that she report to probation on her release, and complete a drug awareness course as directed.

With Mr Kamoto, count 1 is the head count and a starting point 12-months. “This I increase to 18 monts to reflect the way he has corrupted his wife and deals in illicit drugs to feed his habit,” he said.

The judge reduced that by 30% for his early guilty plea. For possession of 0.07 grams methamphetamine, a starting point of six-months. This reduced to reflect guilty plea and to run concurrent with the head count.

On possession of 2.17 grams cannabis, six-months, reduced for his plea, again to run concurrently to count 1 with possession of 65 dealer packs, nine months, reduced for guilty plea to, again concurrent to count 1, he said.

“Albeit that Mr. Kamoto has not been charged in relation to the wider activity in selling illicit drugs, I consider him the person responsible and I conclude that none of his sentence should be suspended.”

He was then sentenced to 12-months imprisonment.

The judge then ordered that all drugs and paraphernalia, including mobile phones seized are to be forfeited and destroyed. All monies were forfeited.