By Linny Folau

Haisini Fonohema (37) was jailed for charges including possession of 1.08 grams of methamphetamine and assaulting an undercover police officer who was arresting him in Ha’alalo. His co-offender, Sosaia Palei (39) received a suspended sentence.

Justice Cooper sentenced the two men on 31 July at the Supreme Court in Nuku’alofa.

Fonohema was sentenced to 20 months' imprisonment, the last six months suspended for two years, on conditions. He was convicted of three counts of possessing 1.08 grams of methamphetamine, 0.08 grams of cannabis and assaulting Uatahausi Tomu, when he punched him three times, while he was trying to arrest him in the performance of his duty as a police officer on 4 November, 2023.

Palei was sentenced to six months fully suspended for 18 months on conditions for possession of one smoking pipe used for smoking methamphetamine.

The court heard that acting on information received, police officers  went to Fonohema's home in Ha'alalo. To obtain the evidence they needed, one officer went undercover and posed as a drug user and approached Fonohema, who was outside his fale, speaking to another person in a vehicle parked there.

The judge stated that the undercover officer asked Mr. Fonohema if he could supply him some “ice”. Mr. Fonohema went to the place he had hidden the methamphetamine and handed it to the officer. After the handover, the officer attempted to swiftly detain and arrest Mr. Fonohema and did so by attempting to handcuff him there.The defendant fought back and punched the officer three times, to his head, face and chest.

“Those officers who had already been in covert positions in support moved in at quick pace. They took control of Mr. Fonohema, detained him and he was cautioned and arrested. In the attack and ensuing involvement of the arresting officers, a single packet of methamphetamine from him had got knocked to the ground and a small bottle that contained a single packet that held 12 small dealer packets, each filled with a small quantity of methamphetamine, ready for sale.

The  total weightwas 1.08 grams. Also found on him was a packet of cannabis, weighing 0.08 grams and $1.50. He admitted the illicit drugs were his. Police then proceeded to search his home. 

“Later at the police station, Mr. Fonohema exercised his right to silence. On the other hand, Mr. Palei gave an interview to the police and admitted his guilt,” the judge stated.

Low level supplier

The Crown submitted in that in regards to Fonohema in this case, he was clearly a low-level drug supplier. His actions when Police arrived to conduct a controlled purchase, the presence of the methamphetamine and drug related paraphernalia were consistent with him being involved in the supply of illicit drugs. 

Accordingly, the Crown submitted that the defendant's role or level of culpability to be "lesser" and his starting point should be at mid-range of Zhang Band One.

Probation on the other hand reported that Fonohem blamed his co-defendant for involving him in drugs. At the time of being interviewed by probation, he was of previous good character. Since that time he had been convicted of a further offence of possession illicit drugs.

For Palei, probation stated that in 2009, he was picked to play for the Tonga National Rugby Union team, and went to New Zealand and played in Hamilton, where his family joined him. But, problems with his visa forced him to return to Tonga and he ended up separated from his family who remained in New Zealand. It appeared that from this point, his life took a turn for the worse and he became involved in illicit drugs,

The judge stated that he did not take into account what Palei said about Fonohema in blaming him for involving him in drug dealing. It had not been tested by cross-examination or litigated over in any way.

Fonohema's conviction after being arrested for this offence, demonstrated that his expressions of remorse may not be true.

The judge considered the starting point for an offence of common assault.

“In the instant case, I have no information before me about the injuries the officer received. Turning to count 1, possession of 1.08 grams methamphetamine a starting point of 12 months appears appropriate given the amount involved. This I increase to 18 to reflect the fact that he was clearly dealing drugs in a brazen way,” he stated.

“He is entitled to a discount, but given that he was caught in possession of drugs again a short time later, the implied remorse in his plea of guilty to this offence clearly is undermined. I reduce the discount to one of 10 %, which I round up to make a two months discount. For possession of cannabis a sentence of two months, concurrent.

“For assaulting the officer a starting point of six months. He targeted to officer's head and face. Police must be protected in the line of duty. Their work is essential. They support the community and the courts must send out a message to denounce any violence inflicted upon a police officer. That is reduced to four months for his timely plea. That sentence must be consecutive to count to count 1 to mark the gravity of that offending. That gives a sentence of 20 months."

Fonohema’s sentence was then back-dated to the date of his first remand, 20 May 2024, with the last six months suspended for two years on conditions. 

Palei was sentenced to six months fully suspended for 18 months, also on conditions.