Trio found guilty of drug offences [1]
Monday, March 18, 2024 - 18:00. Updated on Monday, March 18, 2024 - 18:01.
By Linny Folau
Heneli Manuofetoa, ‘Aisea Havea and Kaniteli Guttenbeil were found guilty of possession of cannabis seized in Popua. Manuofetoa was sentenced to five and a half months imprisonment to run concurrent with the 32-months that he is already serving in prison.
Justice Cooper in his written verdicts and sentence issued on 14 March convicted Manuofetoa of possession of 0.41 grams of cannabis, while Havea and Guttenbeil were found guilty of jointly possessing 3.33 grams of cannabis and possession of a drug utensil, namely a smoking pipe.
At the close of submissions, the judge handed down an extempore judgement convicting all three.
The court heard that on 15 March 2023 at around 5:00pm, a number of people were arrested at the home of Sione Songo'imoli, in respect of allegations of possession illicit drugs.
The trial focused on just three people and two particular locations where the packets of cannabis and a smoking pipe were recovered
All three defendants had been found in and around two motor vehicles that afternoon, parked at this home, when the police raided the address.
Mr. Manuofetoa was found standing next to a green Toyota saloon at the driver's door. The two occupants were Pita Talanoa, in the driver's seat and a woman in the front passenger seat. Behind that car, on the ground, was located a packet of cannabis, its net weight being 0-41 grams.
Mr. Guttenbeil was found in the driver's seat of a white Mazda car parked to the side of and a car's length behind the green Toyota. Mr. Havea was in the front passenger seat of that same white Mazda motor car.
The judge stated that the second location concerned the item found between these two men. It was a black shoulder bag that contained eight packets of cannabis and a smoking pipe. The bag had a zip that ran across the top; it was open. That bag discovered between the car's front seats, five or six inches behind the gear stick, apparently resting on the hand break.
“The photographs, exhibited in the Court Book, details almost every aspect of the foregoing, save that by the time those images were taken, Mr. Manuofetoa was seen arrested, detained face down on the ground in handcuffs. One other detail must be noted. It is the presence of the cigarette lighter on the lap of Mr. Havea.
“There was no dispute as to either the final weight of the illicit drugs or that the glass pipe was an illicit drugs utensil. All defendants disputed possession.”
Findings
The judge was quite certain that the absence of finger print evidence to link Manuofetoa to the packet of cannabis did not diminish the strength of the Crown's case against him. The packet of cannabis in question was recovered from a position consistent with both versions.
“I preferred Officer Fifita's for the following reasons. Whilst the packet was recovered from a position consistent with both accounts, to have arrived there, as explained on the defence case, would have meant Mr. Guttenbeil effectively throwing it at the feet of Officer Fifita, who was then approaching Mr. Manuofetoa.
“What is clear from the photographs, exhibit 2, Court Book pages 35, 38 and 40, Mr. Guttenbeil had his car door window down at the time. If he wanted to get rid of cannabis in his possession without being caught by the police, it was far more likely that he would attempt to dispose of it out of his window and not the other side of the car.
“Officer Fifita's account was clear. It was consistent with Mr. Manuofetoa being surprised by the sudden appearance of a police officer when he, Mr. Manuofetoa, was caught in broad day light with the packet of cannabis in his left hand, the hand nearest the officer. There being nowhere for him to hide it and no easy means of disposing of it, he attempted the least worse option, or so he hoped."
In addition, Officer Fifita had no reason to state he saw Mr. Manuofetoa throw it, if it had come from someone else at the scene. His account was not undermined by cross-examination.
The judge then stated that in regards to the allegations that Mr. Havea and Mr. Guttenbeil faced, the Crown's case was simple. They had been caught red-handed sitting in their car, the eight small packets of cannabis with the pipe in an open bag between them.
“At trial Mr. Havea gave evidence that he did not know what was in the bag. Mr. Guttenbeil gave evidence it was Mr. Havea's bag. I was entirely sure that both had knowledge and control of the bag and its contents. I came to that view for these reasons: the location of the bag, between both men; both Mr. Havea and Mr. Guttenbeil accepted the car had been parked up at the 'api for some 10 or 20 minutes, depending which of the two versions of evidence they gave was to be preferred.
“The bag was open between them, Mr. Havea had a lighter in his lap. The were no cigarettes or packets of cigarettes or tobacco to explain the presence of the lighter."
He said the denials as to knowledge by either were, in the circumstances, unrealistic and unbelievable.
"I came to the certain view on the evidence the Crown adduced, they both had been caught by police sitting in a car, where they had been smoking cannabis that day; in the pipe found in the bag between them, which was also where they kept the cannabis."
Sentence
The judge then convicted the three with Mr Manuofetoa was sentenced at the conclusion of the trial as he wanted to have his case disposed of without the need for a pre-sentence report.
He was already serving a sentence of 20-months' imprisonment for an offence he was sentenced in October 2023. The final eight months were suspended. He was then sentenced in December 2023 for possession methamphetamine and a further 12-months were added to his earlier sentence.
“I was of the view that a sentence of five and a half months' imprisonment was appropriate for the instant offence. The Crown submitted a portion of those 5 ½ months should be made consecutive with the term of 32 months he was already serving.
“I considered that submission carefully. In fact, the instant offence was committed before the offence for possession methamphetamine he was sentenced for in December 2023. Ultimately, I concluded that had these all been sentenced together, which would have been preferable, the sentence for possession of methamphetamine would have eclipsed that passed for this offence of cannabis possession.
“Further, there was no reason that his cases were not brought before the same court to be sentenced at the same time. I do not consider it desirable, or fair, for someone to be made subject of longer, then longer terms of imprisonment, in a piecemeal way when that could easily have been avoided. Ultimately the term of imprisonment I pass is to run concurrent with the term he already serves.”
The five and half months’ imprisonment will run concurrent with the term of 32-months, Mr. Manuofetoa is already serving.
For the other two defendants, both requested pre-sentence reports and their cases were adjourned to 5 April.