By Linny Folau

Tu’utalelei ‘Atuekaho (42) was sentenced to nine months imprisonment, fully suspended, for possession of 0.15 grams of methamphetamine and drugs utensils.

Acting Justice Langi sentenced him on 13 May at the Supreme Court in Nuku’alofa. He pleaded guilty to the offences in March.

The defendant from Puke was charged together with Isiah Takau and Matafonua Tupou. On the night of 9 October 2023, police received reliable information that illicit drugs were being sold at Isiah’s residence at Tu’atakilangi. Police conducted a search at this residence and found all three defendants there together with Malia Takau and two young children.

The Acting judge stated that Officer Fifita saw the defendant attempt to throw something away. He also tried to resist arrest and did not follow the instructions of the Police, while he tried to get rid the contents of his trouser pocket.

The Police took the items from the defendant’s trousers that consisted of: five packs containing a white substance suspected to be methamphetamine; one pack containing three empty packs, one pack containing three packs consisting of a white substance suspected to be methamphetamine.

Police asked the defendant what the items were, and he answered that a portion of it was salt, another portion of it was glass and the other portion of it was “ice” which he said was an illicit drug. Police then arrested him for possession of an illicit drug as well as destruction of evidence when he had earlier smashed a smoking pipe.

On 10 October 2023, Police conducted the weighing and testing of the suspected illicit drug exhibits and confirmed the substance in the charge was methamphetamine.

Widespread

At the same time, the Crown submitted the following aggravating factors was the matter of illicit drugs being a widespread issue in Tonga. Mitigating factors in his favour was being a first time offender, he pleaded guilty at the first available opportunity and was to a certain extent cooperative with the Police, during the search.

In his pre-sentence report, the defendant admitted to being involved with illegal drugs dealing since 2022 as a user and supplier. His version of the offence when interviewed, was his admission to the offending and stated that he accepted the summary of facts.

The defendant also claimed that his involvement with drugs was for his personal use, especially when he works as a heavy machinery operator. He further stated that he supplied and sold drugs for financial gain and reused the money he received to buy more drugs and to spend for his family’s household expenses.

Meanwhile, he showed “moderate risk” of re-offending for his guilty plea and previous good character. He was a first-time offender. His attitude and behaviour towards the offences was intent for the purpose of personal use and selling for financial benefit.

The court was told, “His risk of recidivism is heightened if he continues to associate with negative peers, live away from his family and stay disconnected with his community. He showed strong prospect of effective rehabilitation with the assistance of professionals in the needed area. The defendant showed strong prospect of effective rehabilitation with the assistance of professionals in the needed area.”

The Crown submitted it was appropriate in the case of the defendant to impose a custodial sentence.

Meth scourge

“Methamphetamine is a scourge to societies everywhere that has affected a great deal of harm and misery. The distribution and use of methamphetamine in Tonga is a significant government and community concern. In prescribing a maximum penalty of 30 years imprisonment, the legislature has expressed a clear intention that significant penalties are to be imposed; and therefore, those involved with methamphetamine in any capacity, and even small amounts, can expect to receive custodial sentences,’ submitted the Crown.

The Acting judge in considering the guidelines established in Mo'unga stated that the Crown was of the view that the defendants should be granted a full suspension of their imprisonment sentences. He was not a young man, was a first-time offender, and at the earliest had pleaded guilty to his charges.

“This displayed his cooperation with the authorities and likelihood to use a fully suspended sentence as an opportunity to rehabilitate. The Crown submitted that his sentence be fully suspended for two years,” stated the Acting judge.

The jusdge set a starting point of 12 months imprisonment for possession of a Class A drug under one gram. For the mitigating factor of early guilty plea, she deducted three months from the starting point leaving a total of nine months’ imprisonment.

“I agree with the Crown submission that there are factors in this case that warrants a full suspension of the term of imprisonment. The accused pleaded guilty at the first available opportunity and he does not have any previous convictions.

However, given the problems faced by our country as a result of the rise in drug related offending, a first time offender should not expect to walk off without some kind of punishment being given. I do not believe that 40 hours of community work is sufficient as recommended by the Crown. I order that the accused complete 100 hours of community service. This is to reflect the courts position on drug related offences.”

The accused was sentenced to nine months imprisonment fully suspended for two years on conditions that includes carrying out the 100 hours of community service and not committing any further offences punishable by imprisonment during suspension, among others.