By Linny Folau

Fetu’utaha Sikalu (34) was jailed for charges including possession of 0.15 grams of methamphetamine seized at Ha’ateiho. His 22-year-old co-accused, Sefo Tonga received a suspended sentence for possession of drug utensils.

Justice Cooper sentenced the duo on 11 June at the Supreme Court in Nuku’alofa.

The accused, Sikalu was sentenced to six months' imprisonment, the last three months suspended for 12 months on conditions. While, the co-accused Tonga was sentenced to three months' imprisonment fully suspended for 12 months, also on conditions, that includes carrying out 40 hours community service.

The offending was on 18 October 2023, when the police, having received reliable information, attended Mr. Sikalu’s address in Ha'ateiho. He was spotted in the front of his 'api (home), where he was detained, the officers identifying themselves and informing him he was to be searched in relation to possession of illicit drugs. He was found to be holding a packet of what appeared to be methamphetamine. He told the officers it was “ice”.

“A further two empty packets were recovered from the ground where he stood. Albeit that there was an extensive search of Mr. Sikalu's property and a number of items were recovered that led to co-defendants being charged with a variety of, in the main, illicit drug related offences, for the purposes of this sentencing hearing, I confine myself to what happened in respect of Mr. Sefo Tonga,” stated the judge.

Mr. Tonga was found inside Mr. Sikalu's fale and a bag was seized during that search was said by another occupant to be Mr. Tonga's. When the contents, two pipes used for smoking illicit drugs were found inside and he was asked about this, under caution, he admitted they were his.

Mr. Sikalu was charged with possession 0.15 grams methamphetamine and possession of drug utensils. While, Mr. Tonga was charged with possession of the drug utensils.

Sentences

“In Mr. Sikalu’s pre-sentence report, amongst the people interviewed for the report was his mother, who stated he spent too much time drinking alcohol and was lazy. Regrettably, this is a view that was shared by his Town Officer.

“He has six criminal convictions for seven offences. For the offences of grievous bodily harm and an offence of wilful damage to property, both before the Supreme Court in 2010 he was given a sentence of 12 months' suspended for two years.

“Before the Magistrates' court he has been sentenced for five offences; drunkenness in 2011, obstruction by missile, rubbish or noise in 2013, common assault in 2018 and bodily harm also in 2018. In 2021 he was sentenced for possession illicit drugs. For all these offences he was fined or given a suspended term of imprisonment. Four times sentenced in the Magistrates' Court for domestic violence, three offences committed in 2015, the last 2018. Those convictions all attracted financial penalties. He was assessed as being at high risk of re-offending, the author of the report wavered as to how really sincere he was in his expressions of remorse.”

The judge stated there were no specific aggravating features to these offences. The mitigating factors were his guilty plea and his admissions at the scene.

“For possession of 0.15 grams of methamphetamine, a starting point of nine months reduced to six for his timely guilty plea. For the offence of possession drug utensils, a starting point of six months reduced to four, likewise for his timely guilty plea.

“Those sentences to run concurrent, which gave a total sentence of six months, the last three of which shall be suspended for 12 months on conditions. His sentence was back dated to the date of his first remand 11 March 2024,” he ordered.

“As for Mr. Tonga, his pre-sentence reported he was of good character. His mother was interviewed by probation and gave a candid account his behaviour. He had an early promise in life and schooling but evaporated due to his drinking and drug taking and lost his employment he started at a water tank company in 2020 through poor discipline and time keeping. Now, he helps his mother at home, though it is she who earns the money for them. He was assessed as showing some remorse but also at a high risk of re-offending.

“For possession of drug utensils, a starting point of six months was set but reduced to three because of his early guilty plea and previous good character. I also take into account his admissions on being detained and his bag searched,” stated the judge.

He was sentenced to three months' imprisonment, fully suspended for 12 months on conditions.

“Both Mr. Sikalu and and Mr. Tonga were warned that any breaches of their suspended sentences would lead to their being re-sentenced and sent to serve their respective prison sentences.”

Orders for forfeiture and destruction were stayed until the trial of the co--defendants.