By Linny Folau

Matafonua Tupou (36) was sentenced to eight months imprisonment, fully suspended, on conditions for unlawful possession of drugs utensils, at Tu’atakilangi.

Acting Justice Langi sentenced him on 13 May at the Supreme Court in Nuku’alofa, after pleading guilty.

The accused was charged together with Isiah Takau and Tu’utalelei ‘Atuekaho.

On the night of 9 October 2023, police received reliable information that illicit drugs were being sold at Isiah Takau’s residence, that Isiah drove a vehicle, and at the time he was still at a residence in Tu’atakilangi. All three defendants were present with Malia Takau (36) and an eight year old and a baby. Police informed Sione Tonga (71), the owner of the residence, that Tonga Police were there to conduct a search without a warrant in the interest of discovering illicit drugs, and this was understood.

The Acting judge stated that the police operation searched the defendant and discovered in his right trouser pocket one empty pack with traces of a white substance, suspected to be methamphetamine. He told Police that it was used to store 'ice'. When he was asked where the 'ice' was, he answered that he did not know because he just found the trousers and put them on but he suspected that the pants belonged to an individual named Soane.

Police arrested Tupou for possession of utensils. When they searched a vehicle he was standing at, Police also discovered in the glove box, one smoking pipe wrapped in toilet paper; as well as one smoking pipe on top the dashboard and one bong bottle under the driver's seat. The defendant said that the vehicle belonged to the residence and he did not have the keys.

He claimed that the smoking pipes and bong bottle belonged to the residence

It was said that the defendant and another person were the only ones that used the vehicle, and that the defendant stayed in the vehicle.

Meanwhile, the Crown submitted that the aggravating factors in this case: illicit drugs are a widespread issue in Tonga today, the accused was not a first-time offender, and he did not cooperate with the Police. His previous conviction on 15 September 2021 was for theft, where he was sentenced to one year probation.

In his pre-sentence report, the defendant admitted to the offending and stated he had used illegal drugs before when he did engineering work. That was the only purpose of the offence, nothing else. He also returned to reunite with his family after the offence and promised his wife that he had quit and was no longer involved with illegal drugs. He expressed his remorse and regretted committing the offence. He asked the court for leniency and mercy.

“I agree with the Crown and the recommendation of the Probation officer that the circumstances of this case warrant a fully suspended sentence. However, I do not agree that he should carry out only 40 hours of community service. Despite being a first offender, the fact that he was in possession of utensils directly related to the taking of illicit drugs is a serious crime. He has freely admitted to using illicit drugs.”

“In addition, first time offenders, even for possession of utensils, should not expect to get off lightly. I therefore order that the accused carry out 80 hours of community service,” stated the Acting judge.

The defendant was sentenced to eight months imprisonment, fully suspended for one year, on conditions that included not committing any offence, undertaking 80 hours of community work, among other orders.