By Linny Folau

Tevita Kauvaka Loto’aniu (28) was jailed for nine months for possession of illicit drugs, including 1.42 grams of methamphetamine seized at a residence in Houmakelikao in January earlier this year.

Acting Justice Langi sentenced him on 14 August at the Supreme Court in Nuku’alofa.

On 22 May 2024, the accused pleaded guilty to charges that included possession of illicit drugs, (1.42 grams of methamphetamine) and unlawful possession of drugs utensils, including one weighing scale, a smoking pipe and a straw.

The court heard that on 3 January 2024 at 12:30am, Police received information that Irvin was selling illicit drugs at the residence of Woody Kalekale in Houmakelikao.

The judge stated that Police acted on this information and went to conduct a search operation at Woody's residence. The Police entered the first house at the residence and identified the defendant inside. Police then handcuffed Irvin Fukofuka who sat on the bed and the defendant who was sitting beside the bed. Police informed the defendant they would be conducting a search without a warrant in relation to illicit drugs pursuant to the Illicit Drugs Control Act.

During the search in the room where the defendants were found, Police found a small black Adidas bag on top of a speaker containing one silver weighing scale.

The defendants were informed of their right to remain silent by Police then asked them about a bag. Irvin informed the Police that the bag and scale were his and he uses the scale for weighing gold. Police then  continued their search and found inside the wall of the room, one large pack containing white substance and one plastic pack, which contained a pack with a white substance inside it. The Police informed the defendants of their right to remain silent then asked about the packets found inside the wall.

Irvin denied having any knowledge about it and Tevita said it was a pack of methamphetamine and that it was not there before, and it belonged to Irvin. The Police then found one pack containing six empty packets under the bed. When the Police asked them about the empty packs,Tevita answered saying it was on top of the glass table, but he threw it under the bed when the Police arrived.

The Police also found one smoking pipe and one part of a straw at the comer of the room. When they were asked about the utensils, Irvin answered saying he had no knowledge about it, but Tevita said the items belonged to Irvin and that he threw it to the comer when the Police arrived.

The Police concluded their search at Woody's residence then arrested the defendants and remanded them into custody. On the same day, Police tested the white substance and confirmed it to be methamphetamine, stated the judge.

The defendant did not cooperate with the Police and chose to remain silent. He also had previous convictions.

The Crown submitted the aggravating factors in this case: the quantity of drugs possessed by the defendant warrants an imprisonment sentence, he was not a first-time offender, but is a first-time drug offender.

“The presumption in section 4 of the Illicit Drugs Control Act and possession of the empty packets, weighing scale, smoking pipe and straw strongly suggest that the defendants were low-level suppliers and were in possession with the intent to supply and use. The defendant did not cooperate with police.”

Mitigating on his behalf was his guilty plea. The defendant has five previous convictions in the Magistrates Court for drunkenness, domestic violence, driving under the influence and negligent driving, assault and theft. His last conviction was on 23 October 2020.

However, the defendant admitted to the offence on interview and accepted the summary of facts and showed some remorse for the offending. He also as a current pending case in the Magistrate Court for unlawful entry into a premises by night.

The judge then ordered that for Count 1, 12 months imprisonment with the final three months suspended for 12 months on conditions that included, reporting to the probation officer within 48 hours after being released from prison; live where directed by probation, enrol with life-skill programs under the guidance of the probation officer. For the other count, four months’ imprisonment concurrent to Count 1.

Total period of imprisonment to be served is nine months and is to be backdated to when the defendant was remanded for this matter in March this year. The judge also ordered that all illicit drugs and utensils be destroyed.