By Linny Folau

Drugs offender, Pita Talanoa will be sentenced next month on three charges, including possession of 24.34 grams of methamphetamine, seized at Veitongo in 2023. His female co-offender, who faced one charge, was found not guilty due to insufficient evidence.

 Justice Cooper in a written judgment on 8 February at the Supreme Court in Nuku’alofa gave reasons for his verdicts that were given at the conclusion of the trial.

Mr. Talanoa was convicted on three drugs offences that included possession of 11.47 grams of cannabis and drugs utensils, consisting of two test tubes, two straws and 59 empty packets used for smoking and packing illicit drugs. 

He was also jointly charged with ‘Ivoni Latu on a fourth count for possession of 1.34 grams of cannabis, on which both were acquitted due to insufficient evidence.

The judge stated neither defendants were represented and before the trial, both were provided with paper and pens to take notes and were explained the trial process, especially in regards to cross-examination.

The offences were committed on Sunday 19, February 2023, when police acting on information and went to a residence at Veitongo.

“The discovery of the illicit drugs and utensils were not in dispute. What was disputed by both defendants, and was the central aspect of the trial was whether they were in possession of the items alleged in the indictment.

“That was in regards to a small bag found close to where Mr. Talanoa was apprehended that contained all the items in counts 1 to 3 and some cannabis leaves discovered in the trunk of his car, which was count 4.”

Police chase

The judge stated that four police officers attended in an unmarked police vehicle to this single storey residence.

The court heard that Officer Lauti was the first one to leave the police vehicle, and directed his colleagues on foot where to go. He explained that their vehicles headlights did not light the scene, rather a strip bulb over the pool table had.

On the verandah was a group of 10 to 20 men grouped around the pool table. He walked towards them and greeted them and noticed, Mr Talanoa was trying to hide by turning his back to Officer Lauti and attempting to conceal something in his right hand. First, Mr. Talanoa started to walk away, there was a shout and then he ran and officer Lauti ran after him.

Officer Lauti ran after Mr. Talanoa, The court was shown photo exhibits of where they ran. Mr. Talanoa was apprehended near a toilet block that was in darkness at the time. Officer Lauti got up and caught him by the shoulders. Immediately the officer asked him what he had thrown away? Mr Talanoa replied that he was urinating. At this time, the other officers pursued the vehicle. Officer Lauti had directed two colleagues to run around the ‘api as to cut off Mr. Talanoa’s escape, while another officer named Moala followed him.

After holding the suspect, Officer Lauti then used the torch of his mobile phone to search the open ground between the toilet block and the boundary wall. The officer marked the exhibit to show where he found the black bag. He estimated it was four to five meters from where Mr. Talanoa was. No one else was in the vicinity, until the other two officers who soon arrived, climbed over the wall, having circled around the ‘api.

Officer Lauti seized the black bag and took out its contents in front of the defendant, including small transparent packets containing in some dried leaves, in other crystalline substance. Mr Talanoa replied saying they did not belong to him. He was arrested for possession of illicit drugs.

The officers then went to the defendant’s car and found Miss Latu sitting in the rear, eating. She had a bag around her waist, which she stated belonged to the defendant. When they tried to open the trunk it did not open and the officers searched through a panel and in the rear passenger seat from inside found a quantity of dried leaves believed to be cannabis, stated the judge.

The suspected illicit drugs were tested and proved to be both cannabis and methamphetamine.

Possession 

Meanwhile, the judge stated that possession was the only area of dispute between the Crown and both defendants.

“The reality was simple, Mr. Talanoa argued the black bag found at the ‘api in Veitongo was not his. Both him and Miss Latu said they did not know of the cannabis in the trunk of Mr. Talanoa’s car.

In deciding the issue of possession the judge took into account that: “Officer Lauti directed his colleagues, Officers Moala and Manuha’apai, to go around the ‘api so as to head off Mr. Talanoa, which they did. This was entirely consistent with Lauti seeing Mr. Talanoa run and taking the steps to stop the escape.

“When Mr. Talanoa was apprehended, Officer Lauti’s first reaction was what he had thrown was consistent with belief that he had seen Mr. Talanoa with something in his hand moments earlier.

“As soon as the other officer took over detaining Mr. Talanoa, Officer Lauti used a torch to search the immediate area, again consistent with his belief he had just seen the defendant with something, but now found nothing on him, and that there was no one else present nearby who reasonably could have discarded the bag, which was found relatively close to where Mr. Talanoa was apprehended, approximately four to five meters away

“Further, the bag had every sign that it was dropped deliberately. I conclude this because; of the amount of drugs and their value, so need to take care of it; there was nothing about the outward appearance of the bag for example marked signs of dirt of damage that would support the contention that it had been left discarded for anything but a short time,” the judge stated.

The judge concluded that every other reasonable explanation to ownership could be discounted because: Officer Lauti believed he saw Mr Talanoa with something in his hand, he ran from the police and upon his apprehension, Officer Lauti immediately believed an item had been discarded, when Mr. Talanoa was empty handed and the search he made straight after revealed that the bag was only four to five meters away, among other factors.

“From that I can safely deduce that he knew its contents and discarded it into the dark part of the ‘api to avoid its detection and his arrest, therefore I am quite sure if his possession.”

In regards to Miss Latu and the allegation against her for the cannabis found in the car. The judge stated that Mr. Talanoa explained that he only had the car for about two-weeks before his arrest, having got it from a man he knew was serving a prison sentence.

It was noteworthy the trunk did not open with the car keys.

Where, precisely, in the trunk the handful of cannabis leaves were found, was unclear.

“Miss Latu also submitted that the leaves in the photos exhibited looked old like they have been discarded in the trunk for quite some time, and that may have been so. She also argued that she had plenty of time to flee the police as she had seen them arrived earlier. If she had known there were illegal items in the car she would not have remained there,” he stated.

“Taking all these circumstances together, the fact that Miss Latu was found in the rear of the car in which the cannabis leaves were recovered may have been consistent with her having quickly hidden them there when the police arrived and both her and Mr. Talanoa knowing full well of their being in the car. But in the absence of more detail, I cannot be sure she did.”

In addition, he stated that had the exhibits produced in court and the visual examination proved a link, that may have different but they were not. Both were then acquitted on this fourth count of possessing cannabis.

Mr. Talanoa will be sentenced on 7 March.