By Linny Folau

Viliami Lokotui (31) was sentenced to two and a half years imprisonment with the final six months suspended for charges that included possession of 2.69 grams of methamphetamine, at a residence in Malapo.

Acting Justice Langi sentenced him on 26 August at the Supreme Court. This was after he was re-arraigned and pled guilty to the meth charge and unlawful possession of utensils (namely 47 empty dealer packs and one weighing scale) in July this year.

The Crown withdrew the final two counts on the indictment on re-arraignment, after he pled guilty to the first two counts.

The offences were committed on 9 February 2023, when police received reliable information in relation to the residence in Malapo. After they confirmed the information on the residence, they conducted a search there.

The defendant was found the back of the residence with other individuals and approached them. Police found one pack on the defendan, later confirmed to be containing methamphetamine, as well ascash and a zip lock bag containing empty packs inside the left pocket of his pants.

A weighing scale, a .22 rifle and a magazine containing ammunition was also found in the residence near where the accused was. He cooperated with the Police and admitted that the empty packets and the weighing scale belonged to him. The drugs were also initially placed between some bricks, when he heard police approaching, he put them in his pocket to hide it.

The Acting judge stated that the defendant continued to deny having any knowledge about the firearm and the magazine with ammunition in it.

In April 2023, the weight of the drugs was confirmed to be 2.69 grams and positive for methamphetamine.

Meanwhile, the Crown submitted the aggravating factors in this case were illicit drugs being a huge issue in Tonga, and the amount of drugs was excessive. Given the amount of drugs and the utensils, the defendant was deemed to be supplying illicit drugs under section 4(2) of the Act. He also has previous convictions related to firearms. His only mitigating factors in this case was his guilty plea and cooperation with the Police, stated the Crown.

“The court heard that his previous conviction was in 2023 for using a firearm without a licence. He received 12 months imprisonment fully suspended for two years on conditions. Considering the aggravating creatures and the sentencing comparable, Crown proposed a custodial sentence be imposed.

“Count 1 should be the head count sentence. An appropriate starting point for count 1 is 2 ½ to 3 years imprisonment. For the guilty plea and cooperation with the police, 10 months should be deducted from the starting point resulting in 20 to 26 months' imprisonment. For Count 2, nine months imprisonment is submitted to be served concurrently with Count 1. The final 12 months of the sentence is to be suspended for three years on conditions.”

The defendant was remanded in January for this offence and has been in custody since.

The Acting judge stated that the accused admitted to the offending and informed the probation officer he had learned his lesson in being remanded in custody since January, and accepted the two charges put against him.

For count one, he was convicted and sentenced to two and a half years' imprisonment, with the final six months is suspended for two years on conditions that includes not committing any offences punishable by imprisonment during the period of the suspension, among others.

For the second count, he was sentenced to 10 months imprisonment to be served concurrently with count one. This means that his final sentence is two and a half years imprisonment, with the final six months suspended for two years on conditions. The sentence was backdated to when he was first remanded in custody, in January.

Moreover, the Acting judge ordered that the illicit drugs, utensils and cash seized be forfeited to the Crown.