By Linny Folau

Isiah Takau (39) from Ma’ufanga was sentenced to serve a total of three years and nine months imprisonment for possession of 11.94 grams of methamphetamine and cultivation of 10 cannabis plants committed in two separate occasions. He also committed the second offence while on bail.

Acting Justice Langi sentenced him on 14 August at the Supreme Court in Nuku’alofa. This was after he pleaded guilty to two charges committed in October 2023: possession of 11.94 grams of methamphetamine and 0.02 grams of cannabis (he was charged with two others). On the second case committed on 18 July 2024, he pled guilty to the cultivation of the cannabis in Lapaha.

The judge stated that on 9 October 2023 at 8:40pm police received reliable information that illicit drugs were being sold at Isiah's residence and that he was at a residence in Tu'atakilangi where drugs were also being sold.

Police arrived and searched Isiah before proceeding to search his vehicle. They discovered a metal container under the steering wheel which was labelled "baking powder". The container was painted black with a red lid. Inside the metal container were the following items: one large sized pack containing white substance suspected to be methamphetamine; one large sized pack containing two small sized packs consisting of a white substance suspected to be methamphetamine; part of an empty pack; one seed suspected to be a cannabis seed and a magnet that was used to attach the metal container beneath the steering wheel;

Police also removed a green Nike bag from the vehicle. Inside the bag was one large sized pack containing large chunks of a white substance suspected to be methamphetamine and cash of $7472 pa'anga. Moreover, Police found in between the two front seats one silver coloured weighing scale, which the defendant admitted belonged to him and which he uses for cooking.

The defendant did not cooperate with Police, exercising his right to remain silent and was arrested for the possession of illicit drugs and utensils. While, the suspected methamphetamine was confirmed to be methamphetamine, weighing a total of 11.94 grams. The suspected cannabis seed was confirmed to be cannabis weighing 0.02 grams.

Cannabis plantation

The court heard that on 9 February 2024 at around 2:00pm, Police received reliable information regarding a cannabis plantation maintained by the defendant at a Lapaha residence.

The judge stated that the drugs squad was briefed, and left for the residence at Lapaha. All the individuals inside the residence were searched and cleared of illicit drugs. The defendant admitted there were cannabis plants at the back of the house. Police found 10 cannabis plants that the accused had planted. The plants were tested and confirmed to be cannabis weighing 36.67 grams.

When interviewed by Police, the defendant exercised his right to remain silent and said he would only speak in Court.

Meanwhile, the Crown submitted the aggravating factors in this case: the substantial amount of class A illicit drugs (methamphetamine) possessed by the defendant.

"For sentencing, section 4(2)(b) applies, and the defendant can be properly described as possessing illicit drugs for supply. This is based on the substantial amount of methamphetamine, the manner in which the illicit drugs were being stored, and the amount of money seized. He also did not cooperate with Police."

Mitigating factors was his guilty plea on the date of his trial. He is also a first-time drug offender.

“For the second case, the Crown submitted the aggravating factors in this case was that: the defendant committed the offence whilst out of on bail for CR 11 of 2024.  For sentencing, section and the defendant can be properly described as cultivating the illicit drugs for supply. This was based on the number of cannabis plants cultivated.”

Meanwhile, the judge stated that the offences were committed on two separate occasions and should be treated as such.

"Despite a substantial four-year imprisonment sentence, the defendant must be held accountable for each offence individually and in consideration of the wider societal interest.

“...Given that the defendant re-offended shortly after being released on bail, showing a disregard for the law and a high risk of re-offending, a portion of the sentence for CR 98 of 2024 should run cumulatively to the sentence for CR 11 of 2024."

The Crown then proposed an additional six months to be served cumulatively from CR 98 of 2024 and submitted that the defendant be sentenced for the totality of the two offendings to four and a half years imprisonment with the final six months suspended for two years on conditions.

The defendant will be required to serve four years in prison, including the time already in bail.

In his pre-sentence report, the court also heard that the defendant holds a Master's Degree in Clinical Pharmacy and a BA in Pharmacy from China. He also studied Science and Chemistry at USP 'Atele in Tonga (2004-2007).

He was reported to be generally healthy but struggles with drug addiction and smoking, and that he and his wife own several businesses in Tongatapu, employing staff from China, and earn about $6,000 monthly. The defendant had also provided translation and consultation services due to his proficiency in Tongan, English, and Chinese.

The judge then sentenced him to serve a total of three years and nine months imprisonment backdated to when he was first remanded into custody for this matter. It was also ordered that all illicit drugs and utensils in these proceedings be destroyed and all cash seized forfeited to the Crown.