By Linny Folau

Venasio Hau (32) was sentenced to four-years and six-months imprisonment, partially suspended, for possession of 27.76 grams of methamphetamine, while his two co-accused received suspended sentences. The illicit drugs were seized after Police received information of it being sold at a residence in Ma'ufanga.

Acting Lord Chief Justice Tupou sentenced the trio last month at the Supreme Court in Nuku’alofa.

On 16 October 2023, the first defendant, Mr. Taulaki Takapu (42) and the second defendant, Ms.'Ofa He (30) jointly pleaded guilty to one count of possession of utensils. 'Ofa further pleaded guilty to one count of possession of an illicit drug and two counts of possession of utensils.

The third defendant, Venasio Hau pleaded guilty to one count of possession of an illicit drug and one count of possession of utensils.

The A/LCJ stated the offending was on 12 May 2023, at around 3:15pm, when Police Inspector Vi received information that illicit drugs were being sold at the residence at Ma'ufanga. He briefed the operation team that the suspected target consisted of three houses. The Police Tactical Response Team were first to arrive at the scene. They cleared and restrained the individuals present in two of the houses.  Sergeant Fifita from the Drugs Squad and the operation officers followed and restrained the individuals present in the third house.

Police operation

The first and second defendant were in House 1 with two others. A search of the house uncovered the following items a) a test tube containing suspected methamphetamine was found hidden in the second defendant's hair. She admitted it was hers but claimed it was a light bulb; another test tube was found, on top of a drawer at the western side of the living room.

Another test tube was found, on top of a drawer at the western side of the living room. The first and second defendant denied having any knowledge of the test tube; and b) under a mat at the southern side of the house; one pack containing 13 empty packs; one pack containing two empty packs; one Nesquick container containing water; and a small empty coke bottle used as a bong were found.

Both defendants denied having any knowledge of the discovered empty packs but they admitted the hand-crafted utensil belonged to them. Police then informed them that they are arrested for possession of utensils.

In house 2, Heneli Manuofetoa and his wife were inside. A search of the house uncovered nothing of interest.

At house 3, the third defendant, Venasio was inside a vehicle parked outside. Five others were inside this house. The Police searched the third defendant and discovered one black bag fastened around his waist. Inside the bag were the following items: a) one large sized pack containing a substance suspected to be methamphetamine; b) one large sized pack containing 13 packs containing a substance suspected to be methamphetamine; c) two test tubes, two straws, two empty packs, one toothpick.

The third defendant admitted that all the items belonged to him and that he uses the utensils for methamphetamine.

Vehicle searched

The A/LCJ stated that the operation team searched the vehicle that was occupied by the third defendant and found the following items: a) one bag containing a green straw on the front passenger seat; one large sized pack containing several empty packs under the driver's seat; one pack containing a substance suspected to be methamphetamine.

“The third defendant admitted that the illicit drugs and utensils were his. He was informed that he was being arrested for possession of illicit drugs and possession of utensils after each search.”

Prior to undertaking the search, the police informed the detained persons: of their right to remain silent and to have a relative or lawyer present during the search and questioning; that the operation members were Police Officers; and a search will be conducted without a warrant pursuant to sections of the Illicit Drugs Control Act.

The Police weighed and tested the discovered items and the results were one test tube containing tangled in the first defendant’s hair positive to be 0.06 grams of methamphetamine. Other packs seized totalled at 27.76grams including one large sized pack inside House 3 positive to be 7.54 grams of methamphetamine.

The A/LCJ stated for Ms. He, the aggravating feature against her was the possession of a Class A illicit drug (methamphetamine ).The mitigating features is her early guilty plea and good record. Given count 3 is the more serious out of the charges against this defendant, Count 3 was recommended as the headcount.

The Crown suggested that Ms. He's lack of previous conviction, indicated she would utilise any period of suspension granted to rehabilitate herself. It was recommended that her sentence be fully suspended, she stated.

“Mr. Hau under Count 1 was in possession of 27.76 grams of methamphetamine. This is the headcount. Count 2 is for possession of utensils. He admitted to the offending and accepted the summary of facts. He said the purpose of his use of drugs is personal not commercial. He expressed remorse regrets his actions.

“The aggravating feature for him was his previous convictions. The mitigating features are his early guilty plea and cooperation with the police. The defendant admitted to the offending and accepted the summary of facts and said the purpose of his use of drugs is personal not commercial. He expressed remorse regretting his actions.

“He holds conviction for unlawful possession of illicit drugs, two convictions for theft, one conviction for obtaining money by false pretences and one for negligent driving. The mitigating features were his early guilty plea and cooperation with the police.

"It was submitted that count 1 being the more serious of the two counts should be the headcount. In terms of his role in the offending, it was suggested that the amount of illicit  drugs present and the presence of related paraphernalia indicate Mr. Hau was a supplier. It was submitted that count 1 being the more serious of the two counts should be the headcount. The amount of illicit drugs found and admitted by Mr. Hau fall within band 1 of the Zhang guidelines warranting a sentence from 2-9 years imprisonment."

“The probation officer placed him in the high risk category of re-offending reflected by his previous convictions, the substantial amount of illicit drugs found on him and what he describes as "no sign of genuine remorse". Therefore, he recommended a partial suspended sentence on the usual conditions,” stated the A/LCJ.

“While, Mr. Takapu is jointly charged with 'Ofa He for possession of one bong used for smoking illicit drugs. Having regard to the seriousness of the offence, the maximum statutory penalty, the comparable case of Ha'isila, I set a starting point of six-months imprisonment.

“Similar to Ms. He, the Crown opined that Mr. Takapu's sentence should be fully suspended.”

Sentences

The A/LCJ then sentenced Venasio Hau to four-years six-months imprisonment. The final 12-months of the head sentence was suspended for two-years, on conditions.

'Ofa He was convicted and sentenced to eight-months imprisonment. Her sentence was fully suspended for a period of one-year, on conditions.

Taulaki Takapu was sentenced to five-months imprisonment, fully suspended for one-year on conditions.