By Linny Folau

Tu’ifua Angilau (36), who was reported to have been selling illicit drugs around Nuku'alofa, was found guilty of possession of 1.96 grams of methamphetamine, when he was arrested after a police car chase in January 2023.

Justice Langi in her verdict on 5 March at the Supreme Court in Nuku’alofa found him guilty. He will be sentenced on a date to be confirmed.

The Crown’s evidence was that on 18 January 2203 at around 5:00pm, Tonga Police acted on information received that the accused was travelling around the town area in his vehicle selling illicit drugs.

Police Officer Malolo Vi put together a team to intercept and detain him.

When the officer drove to the Popua park area he saw the accused driving towards him on the opposite side of the road. The officer made a u-turn and followed the accused towards town. He alerted the police team so that they could intercept him.

When the accused realised that he was being followed he accelerated and overtook the vehicle in front of him. The police followed and the chase ended up at Tofoa. At the junction, a TRG police vehicle cut in front of him and blocked his vehicle from moving.

“Officer Hanisi yelled out from the TRG vehicle 'police with weapons' and instructed the accused to put his hands up.”

Police evidence was that the accused did not put his hands up and Officer Hanisi saw the accused bend over forward. He again yelled out to the accused to put his hands up. When the accused finally put his hands up Officer Hanisi noticed that he was holding something in his hand.

Instead of putting his hands up, the accused put his hands behind his head. Officer Vaka then grabbed his hands but the accused tried to hold onto the head rest of the driver's seat. The officer yanked the accused's hands off the head rest, took him down from the vehicle and proceeded to handcuff him.

Officer Hanisi opened the door to the back passenger seat behind the driver's seat of the accused's vehicle so he could sit there. However, he saw two small plastic packets with white powder on the floor of the back seat. Officer Kailomani also saw the same thing but because they were in a rush to leave the area he warned Officer Hanisi to be careful not to touch or step on the plastic.

The accused was arrested and taken to the Longolongo Police Station and Officer Fifita was informed that there were two packets of white powder on the floor of the passenger side behind the driver's seat.

Nothing was found on the accused but when the search proceeded to his vehicle, starting on the right side of the vehicle behind the drivers' seat, there were the small packets of methamphetamine. When the Police asked the accused about the two plastic bags of white powder, he denied any knowledge of the drugs, stated the evidence.

No doubt

The judge stated that the accused through his counsel, Ms Katoa, did not deny that illicit drugs were found inside his vehicle. However, he denied any knowledge and control over the drugs and the only legal issues for the court to consider was the legality of the search without a warrant and the knowledge and control of an illicit drugs.

"Officer Malolo Vi gave evidence that he made the call to conduct the search without a warrant because the nature of the information received required the police to act quickly. He said that the police had authority to conduct a search without a warrant pursuant to the Tonga Police Act. I accept Officer Vi's evidence and I accept that he was satisfied on reasonable grounds that a serious offence was being committed. I accept that in the circumstances the police were required to act quickly to catch the accused person as he was moving around in his vehicle. To wait for a warrant would take some time and the accused would have left the area by then and it was therefore necessary for the police to act quickly.”

The judge stated that Ms. Kafoa submitted that there was no evidence to prove that the accused had any knowledge of the illicit drugs found in the back seat of his vehicle because the accused had been driving and there was no evidence that he had been in the back seat where the drugs were eventually found.

Officer Hanisi had given evidence that when he opened the door to get inside the accused's vehicle, he saw the two packets of methamphetamine but did not ask the accused who was seated on the left side of the vehicle. At no time did Officer Kailomani and Officer Hanisi inform the accused of what they had seen while they were still at the junction at Tofoa. It was only when they arrived at the Longolongo Police station that Officer Fifita informed the accused. In those circumstances, counsel submitted that there is a high possibility that the drugs were put there by someone else and not the accused, she stated.

“I do not accept the submissions by Ms. Kafoa in relation to the issue of knowledge of the illicit drugs. I accept that the evidence of both Officers Hanisi and Officer Kailomani and there was nothing to suggest to me that they had planted the drugs inside the vehicle to incriminate the accused. Officer Hanisi's sworn evidence was that he yelled out about three times for the accused to put his hands up where he could see them. The accused refused to do so and bent forward. Then when he did put his hands up, Officer Hanisi could make out from where his was standing that he had something in his hand.

“When Officer Kailomani came running and yelling for him to put his hands up where he could see them, the accused refused to do so and instead put his hands behind his head. When Officer Kailomani reached the driver's side of the vehicle, he had to yank the accused's hands from the head rest of the driver's seat where the accused was tightly holding on to. In those circumstances, coupled with the fact that the vehicle belonged to the accused, I have no doubt that the accused had thrown the packets of illicit drugs to the back seat and he therefore had knowledge and control over them."

Justice Langi then after considering the law in regards to these issues and applying it to the evidence was satisfied that the Prosecution had proven the charge beyond a reasonable doubt. The accused was accordingly convicted of possession of methamphetamine to be sentenced.