By Linny Folau

Malakai Fonua (25) was sentenced to 22-months imprisonment with the final 10-months suspended on conditions for charges of possession of illicit drugs, including 1.74 grams of methamphetamine.

Acting Lord Chief Tupou sentenced him on 13 October at the Supreme Court in Nuku’alofa. This was after he pleaded guilty on 11 August to three counts that included possession of 0.02 grams of cannabis and utensils.

The A/LCJ said the offence was on 23 February 2023, at around 6:10pm, when Police received information that illicit drugs were being sold at the defendant's residence at Lomaiviti. The Police acted on the lead and as they turned into the defendant's home, he was seated on a motorcycle at the front.

The defendant got off the motorcycle and Officers Tomu and Ngalu approached him, identifying themselves as police officers. The defendant was informed of his rights. The defendant turned and ran in the opposite direction. A chase ensued and the officers caught and escorted him back to his motorcycle.

Police Officer Fifita informed the defendant they would search his residence. First, the motorcycle was searched and one cream bag was found. Inside were 18 packs of suspected methamphetamine; $5, $50 and a silver scale. He was arrested for possession of a suspected illicit drug, said the A/LCJ.

The defendant was also shown one of the packs. He denied any knowledge of it. He was asked if there was anything illegal on the property, he denied that too. His wife and family were informed that their residence will be searched. The defendant was present while police conducted the search. During the search, the police officer found: one bag inside a laundry basket by a door. Inside the bag were 38 empty packs and one pack of suspected cannabis; one part of a test tube inside a broken speaker in front of the porch.

The defendant admitted ownership of the bag and the items in it but denied any knowledge of the test tube. He was arrested also for possession of utensils and suspected illicit drugs.

On 12 April 2023, the suspected methamphetamine and suspected cannabis exhibits were weighed, tested and confirmed to be methamphetamine and cannabis. The methamphetamine weighed 1.74 grams and the cannabis weighed 0.02 grams, said the A/LCJ.

Meanwhile, the Crown submitted that the aggravating features were: possession of illicit drugs is an issue in Tonga, the defendant possessed over one gram of a Class A Drug; and his attempt to flee from the Police. On his side was that he pleaded guilty at the first available opportunity and this was his first drug related offence. 

The Crown recommended a final sentence of 21 months imprisonment for Count 1, one month imprisonment for Count 2 and nine months imprisonment for Count 3, with Counts 2 and 3 to be served concurrently with Count 1, with the last 12-months of the sentence to be suspended for two-years on conditions.

Harsher penalities

The A/LCJ said in 2021, Parliament increased the term of imprisonment for the offence of possession of one gram or more of a Class A illicit drug from 30-years to life.

“Plainly, in a matter of a few years the society's need to intensify the response to those who participate in these types of offences warranted review in order to strengthen the protection against the genuine depredations that has befallen the society caused by these drugs and to daunt the attraction of the significant markets and potential large profits discussed in Ngaue."

In the instant case the headcount is the possession of 1.74 grams of methamphetamine. I agree with the Crown that the amount of the illicit drug and other related drug paraphernalia deem the defendant a supplier.

She then set a starting point of 24-months imprisonment. For his early guilty plea and lack of conviction in the previous 14-years, I deduct two-months, resulting in a final sentence of 22- months’ imprisonment. For counts 2 and 3, I adopt the Crown's suggestion of one month and nine-months imprisonment respectively to be served concurrent to count 1, ruled the A/LCJ.

The defendant who has one unrelated conviction was then sentenced to 22-months, with the final 10-months suspended for two-years on conditions. This means he is serving 12-months in prison. 

In addition, he was given credit for any time spent in custody on remand for the charges the subject of these proceedings.

Failure to comply with these conditions may result in the suspension being rescinded. While, the illicit drugs and utensils to be destroyed and all cash seized forfeited to the Crown, ordered the A/LCJ.