By Linny Folau

Pousima Fehoko (27) was sentenced to 21-months imprisonment, in part suspended, for possession of illicit drugs, including 1.07 grams of methamphetamine and 27.81 grams of cannabis.

Hon. Mr Justice Cooper was sentenced him on 10 January at the Supreme Court in Nuku’alofa.

The accused appeared before the Court on two sets of drug offences. The first related to possession of methamphetamine;1.07 grams and drug utensils. The second possession of methamphetamine was for 0.42 grams, possession of cannabis 27.81 grams, as well as drug utensils. He pleaded guilty to both charges.

The judge said that on 21 February 2023, at approximately 7:53pm, the Police acting on information received, went to the defendant's residence at Patangata. On entry they discovered Mr. Fehoko on a mattress in the living room.

“He was holding a bottle that contained 17 packs of methamphetamine. He made admissions at the scene; though it would seem hard to contend the illicit drugs were not his, in the circumstances. A search revealed one test tube and $470 cash in his pocket. He admitted that the test tube was for consuming methamphetamine.

“In the ensuing search various utensils (pieces of straw, empty packs, bongs and a test tube) were recovered, he also admitted those were his. The overall weight of the methamphetamine seized was 1.07 grams.

On another case, again, on 10 May 2023 the Police acting on information attended his residence at Patangata. They entered his property and searched Fehoko recovering from him four  packs of methamphetamine in his left trouser pocket, $250 cash in his rear right trouser pocket, and a test tube in his underpants. The search of a bed in the living room revealed two packs of methamphetamine, six packs of cannabis, and two further empty packs.

The Police also found three empty packs inside a pair of shoes,one pack of cannabis inside a bucket of rice, one straw and 16 empty packs in a pair of paddle fins, a bong and one empty pack, all in the living room area. 

“Mr. Fehoko admitted all were his. The total of the weight of the cannabis seized was 27.81 grams and the methamphetamine was 0.42 grams.”

Imprisonment

The penalty for the possession of a Class A drug in the quantity of less than 1 gram, contrary to Section 4(1)(iii) of the Illicit Drugs Control Act of the Illicit Drugs Control Act (the Act) is a fine not exceeding $10,000 or imprisonment for a term not exceeding three years, or both.

 The penalty for the possession of a Class A drug in the quantity of more than 1 gram is a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding life, or both. 

The judge stated that Fehoko had fully admitted to these offences for the probation report, stating the drugs were for his own personal use.

He was said to be remorseful and that a portion of his sentence should be suspended, taking account of his age, previous good character and desire to rehabilitate.

“It is noteworthy that the report assessed him as being of moderate risk of re­ offending. It was in respect of the first set of offences only.

The judge noted that the May offences took place on bail for offences committed in February that year, for other drug offences.

He entirely rejected the suggestion that the accused was involved in illicit drugs to stay awake for his work.

The judge stated that the amount of methamphetamine individually packaged and fact of the money on this person in respect of the first offence; the quantity cannabis, money and that there were 22 individual packages in respect of the second offence, both pointed to possession for the purposes of supply.

"The presence of utensils used for consumption tend to suggest that he deals drugs and uses them too. That he has drug utensils used for consuming illicit drugs in no way displaces the statutory assumption under the Act. I have taken into account the references and the fact of his pleas and that he has no prior drugs convictions, in as far as I can.”

He sentenced Fehoko to 21-months' imprisonment, the last six-months suspended for 12-months on conditions. His sentence will take into account and effectively start from the date of his remand on 7 September 2023.

The judge ordered that all drugs and paraphernalia forfeited to be destroyed. All monies seized are also forfeited.