By Linny Folau

Pita Talanoa (44) was sentenced to nine-years 10-months imprisonment on three separate sets of offences concerning illicit drugs, including possession of 24.43 grams methamphetamine, as well as being re-sentenced for a further drugs offence.

Justice Cooper who sentenced him at the Supreme Court in Nuku’alofa ordered that no part of his sentence be suspended.

In his reasons for sentence, the judge listed a number of cases.

The case of 19 February 2023 were the first offences. Talanoa was convicted after trial in respect of, count 1, possession 24.43 grams of methamphetamine; count 2 possession 11.47 grams of cannabis; count 3 possession of utensils, namely two test tubes, two straws and 59 empty packets. All these items were recovered from a small black pouch that he had discarded on trying to flee police, late one night, at a house in Veitongo where a large number of young people were gathered socialising.

In the case of 15 March 2023 (the second offences), Talanoa pleaded guilty on his arraignment; 23 November 2023, to a single count of possession drug utensils. This was in respect of a police raid at an address in Popua where he was found in a car. As police officers approached he tried to discard a white board marker. That item in fact had concealed inside 5 empty packets and a straw. This led to a search of that vehicle. Recovered from inside a test tube, a set of weighing scales and $1,010 in cash.

In the case of 16 August 2023 (the third offences), once again a police raid in Popua, this time upon Talanoa's home address. He was in possession of; (count 1) 11.72 grams methamphetamine, (count 2) 33.56 grams of cannabis, (count 3) 10 test tubes and 282 empty packs. To these offences he pleaded guilty on 22 January 2024, stated the judge.

“In respect of this latter allegation, CR 5/2024, the prosecution summary disclosed that a notebook that contained “... dealer information ... " and a mobile phone had been seized. According to the case summary, Mr. Talanoa had admitted the notebook was his. Yet there was no count on the indictment to reflect any dealing in illicit drugs that notebook may have revealed.

“No explanation was ever proffered as to this. Five times, between 27 February 2024 and 2 April 2024, the Court requested this material and the investigation into the mobile phone be produced. It was never made available, nor any explanation provided as to why not and why the Court's order was repeatedly ignored.”

Repeat offender

Talanoa had previous convictions from 2003 that included drunkenness. In 2018 a fine of $1,000 or 3 months’ imprisonment in default, imposed in the Magistrates' court for an offence of possession illicit drugs.

In April 2009 he was sentenced to imprisonment in the Magistrates' court for offences of domestic violence. Those terms were made concurrent to an activated suspended sentence of 11 months' imprisonment. The record did not state what the suspended sentence was imposed for.

On 28 September 2021 he received a sentence of 5 months' imprisonment fully suspended for 2 years, imposed in the enhanced jurisdiction of the Magistrate's Court, for possession of illicit drugs.

Then on 28 October 2021 this court imposed a term of 18 months' imprisonment, the last 12 suspended for 18 months for possession 150.50 grams cannabis, as well as possession drug utensils, namely weighing scales, 198 dealer bags and a test tube used to smoke illicit drugs. His previous suspended sentence was activated and ordered to run concurrent with the sentence for those offences.

“Therefore, two of the sets of offences he is to be sentenced for were committed in breach of the suspended sentence imposed in October 2021. The latter two sets of offences were committed whilst on bail. With the possession 24.43 grams methamphetamine. This offence was committed in breach of his suspended sentence CR 146/2021,” stated the judge.

A pre-sentence report, said that Mr. Talanoa is married with children. “His immediate family live with him on the same 'api (home), but the reality is that they do not cohabitate, rather remain close by for the sake of the children. Mr. Talanoa had a good family upbringing and education. He started life working as a mechanic and showed dedication and promise.

“This appears to have evaporated, instead he became addicted to illicit drugs and found it a superficially easier life to become a drug dealer. Whilst the probation report makes no assessment of harm, or risk of re-offending, it is quite clear to me from his previous criminal convictions and these offences that he poses a grave risk to society through dealing drugs and is of high risk of re-offending,” stated the report.

Sentences

CR92/2023

For count 1 possession 24.43 grams methamphetamine, a starting point of 5-years' imprisonment.

“I do not accept that (i) the quantity, (ii) the statutory assumption that this was possession for supply, (iii) that he pleaded not guilty and (iv) he did not cooperate with the police, are aggravating features.

“The first two are elements of the offences that are almost always reflected in a longer sentence passed. The latter two, were his acting in the exercise of his rights. That he committed this offence during the currency of a suspended sentence for illicit drugs and that he has other previous convictions for illicit drugs, I will take into account when considering totality. At this stage I decline to increase the starting point.

Count 2, possession of 11.47 grams cannabis, a starting point of 6 months. Count 3, possession utensils; straws, test tubes and 59 empty packs, a starting point of 9 months.

All sentences concurrent, therefore 5-years' imprisonment.

CR146/ 2023

On Count 1, possession 5 empty packs, a straw, test tube and weighing scales. A starting point of 12 months. Reduced by a third for his timely guilty plea. Sentence 8 months.

CR5/2024

Count 1, possession 11.72 grams methamphetamine. A starting point of 54 months, reduced by 30 % for his guilty plea, 16 months to 38 months. Count 2, possession 33.56 grams cannabis, 12 months, reduced to 8. Count 3, possession utensils, 10 test tubes and 282 empty packs, a starting point of 9 months, reduced to 6. Counts 2 and 3 concurrent with count 1. A total sentence on this indictment of 3 years and 2 months.

In CR146/ 2021, his 1 year suspended sentence was activated.

“Mr. Talanoa's offending was remorseless. Being on bail, or subject to a suspended sentence for possession of illicit drugs made no difference to him. That he had been convicted time and again for offences concerning illicit drugs, made no difference, nothing stopped him in his wish to make money out of selling drugs; drugs that ruin families, lives and communities in the Kingdom of Tonga,” said the judge.

“He will serve a substantial sentence, because this offending deserves it. Quite aside from the need to punish and rehabilitate and to act as a deterrence, the public need to be protected from his venal behaviour. Each of these sentences will be served consecutive to one another. I have gone on to consider the principles in Mo'unga [1998] Tonga LR 154. Suspended sentences in the past he took advantage of to deal drugs, he has had his last chance.

“He will serve 9 years and 10 months' imprisonment. No part of his sentence is suspended. His sentence will be back dated to his first remand. All monies to be forfeited,” ordered the judge.