By Linny Folau

Andrew Motuliki (28) was sentenced to seven and a half-years imprisonment for supplying cocaine that washed up on beaches in Vava’u in 2021. The court heard that he played a significant role, when he involved others for reward, as he had some understanding of the scale of the operation.

Justice Cooper on 28 September at the Supreme Court in Nuku’alofa, said this is the sentence for a person who was significantly involved in the shipment of cocaine that washed up in Vava'u in July 2021.

 After being arrested he was brought first before the Supreme Court in October 2021 and entered not guilty pleas.

The judge said that on 24 June 2022 at a mention hearing, the defendant pleaded guilty to three counts, counts 6, 7 and 8 of the indictment filed 8 March 2022.

That was in respect of (count 6) supplying 1,838.95 grams of cocaine to Ian Cox and Brenda Cox; (count 7) supplying 87.83 grams of cocaine to Brenda Cox and (count 8) supplying 440.21 grams of cocaine Sione Po'oi.

“The Crown's case was that two bricks of cocaine had been supplied to Ian and Brenda Cox. What was actually recovered from addresses associated with them were the amounts pleaded in counts 6 and 7. It is also worth noting that these allegations represent a single act of supply. Count 8 concerns a supply of 440.21 grams cocaine to Sione Po'oi.”

The judge said Andrew Motuliki’s involvement became apparent to the police because Normani Naeata implicated him, telling the police that he and his brother Leonati Motuliki had each received three bricks of cocaine from Normani.

Police raided and searched Andrew’s home on 29 July 2021. The search of his home proved negative, but from his car was recovered a quantity of cocaine. Ultimately that led to arrest and detention, when on 2 August 2021, under caution, he volunteered to the police that he had supplied the two bricks of cocaine to Mr. and Mrs. Cox and the 440.21 grams to Sione Po'oi.

On 31 July 2021 police in Tongatapu had located the cocaine Andrew had supplied to Sione Po'oi, it then being in the possession of his half brother. On 5 September, after a warrant having been issued, the police received call records for Andrew's mobile phone. This revealed that he had been communicating widely with his contacts regarding the cocaine, he said.

Supply role

The judge said Andrew had an operational function within a chain, he involved others for reward and had some understanding of the scale of the operation. As such he had a significant role.

“For supplying two kilograms of cocaine to Mr and Mrs Cox the right starting point is one of 13 and a half -years. I have approached that on the basis of counts 6 and 7 each; 10 years' imprisonment. 3 and a half years of count 7 to be added cumulatively to count. In reality it was a single supply of 2 kilograms.”

He said turning to Mr. Po'oi that was a totally separate act of supplying him with 440.21 g, a starting point of 6 and half-years.

Andrew pleaded guilty on 24  June 2022 before his trial could be relisted, his having changed his election. His decision to assist the prosecution was formalised on 30 June 2022. Reviewing the discounts given in those cases, it appears that the level of assistance Andrew Motuliki gave is comparable with that of Normani Naeta. The same discount will therefore be afforded him, one of 30%. A further 6 months is deducted for all the mitigating features noted in the pre-sentence report, particularly his remorse and previous good character. Therefore 60-months is reduced from the starting point.

A further reduction of 20% for his guilty plea, a further 23-months. It was not given at the earliest opportunity. He had his case listed for trial. But that was vacated and before he could have his trial re-listed he changed his pleas, he said.

The judge reiterated; timely guilty plea, one given at arraignment in the Supreme Court will in almost all cases attract a discount of 30%, and gives a sentence of seven and a half years' imprisonment.

“It will be noted that when it came to assessing how much of his sentence for the count 8 offences was added to the overall tariff, this was done with careful regard to the ultimate sentence Andrew Motuliki faced.  Because of the reduction for his assistance and the approach to how much of his sentence for count 8 ought to be added, I have no concerns about the overall sentence, even though this will be his first prison sentence.”

Whilst he is serving his sentence he must satisfactorily complete a drug awareness course and a life skills course.

The judge then sentenced him to seven and a half-years imprisonment, with the last two-years suspended for two-years on conditions. In addition, 145-days served count towards the sentence.