By Linny Folau

Heneli Manuofetoa (42) was sentenced to two-years imprisonment for charges, including possession of 0.78 grams of methamphetamine seized inside his vehicle, after Police received information that he was selling illicit drugs in Nuku’alofa.

Acting Lord Chief Justice Tupou sentenced him on 6 December at the Nuku'alofa Supreme Court, after he pleaded guilty to three charges that included unlawful possession of utensils and attempted destruction of evidence.

The offences were committed in the evening of 19 June 2023, when Sgt. Fifita received information that the defendant from Ma'ufanga was selling illicit drugs in from a white vehicle with registration number R-2825.

She said it was confirmed that the vehicle was travelling towards Popua and Fangaloto on Vuna Road. Inspector Vi and the Drugs Squad responded, and sighted the defendant's vehicle at a residence in Fangaloto.

A/LCJ Tupou stated that the defendant was driving the vehicle with a passenger. When the Police stopped the vehicle and Police Officer Mafi approached him and told him not to move, the defendant then turned to the front passenger seat and poured something from a packet to the floor.

The accused was handcuffed. The police searched the vehicle and found a glass smoking pipe between the defendant's thighs. The defendant admitted it was his. A piece of straw on the speedometer and a wrinkled pack on the floor of the front passenger seat were also found.

The defendant and his passenger were searched. Nothing was found on his passenger, while $80 was found on the defendant.

White particles were found scattered on the floor of the front passenger seats and the floor of the driver's seat. The police placed these particles into two new separate empty packs. The defendant admitted it belonged to him.

A search of vehicle, at the Police Station, also uncovered three test tubes wrapped together using white tape, one piece of clear straw found inside a small black bag, which was placed under the radio, pieces of blocks suspected to be methamphetamine scattered between the front passenger's seat and the driver's seat, and one piece of test tube found inside the glove box.

One clear straw was found on the side of the driver's seat, $300 cash found in a box under the radio $72 cash found inside a brown hoodie in the boot. The illicit drugs were tested and confirmed to be methamphetamine.

The defendant had previous convictions.

Prosecution

The Crown submitted that the aggravating factors were the defendant's possession of the illicit drugs, which is a serious issue in Tonga; he tried to get rid of the drugs by pouring it inside the vehicle; he was in possession of a smoking pipe which indicated he is a user and deemed a supplier.

He also had drug-related convictions and previous convictions that showed he was a habitual offender. His sole mitigating feature was his early guilty plea. He had also spent time at Hu'atolitoli Prison for drug related offences. This had impacted his family life whereby he was no longer living with any of them. He was currently in custody for receiving stolen property.

The Crown submittted Count 3 as the head sentence and accordingly recommended imprisonment on all counts. It was suggested that in line with the principle of totality, this sentence should be made partially cumulative to the sentence the defendant is currently serving by adding 12-months from this sentence to that sentence.

The judge sentenced the offender to imprisonment on three counts to be served concurrently. (Count 1, nine months; Count 2, three months; Count 3, 24 months)

For his early guilty plea she deducted  three months from Count 1, one month from Count 2 and six months from Count 3.

This resulted in a final sentence of six months imprisonment for Count 1; two months imprisonment for Count 2; and 18 months imprisonment for Count 3.

"Given this offending is distinct from the offending in CR 8 of 2023, coupled with the defendant's recidivism, a concurrent sentence is not appropriate. However, in account of the principle of totality, I consider it appropriate to add 12 months of this sentence to be served cumulative to the sentence imposed on him in CR8/2023. This means that the defendant will be serving an aggregate of 2 years imprisonment for both convictions," said A/LCJ Tupou.

The illicit drugs and utensils were ordered to be destroyed and all cash seized to be forfeited to the Crown.