By Linny Folau

A man who was selling methamphetamine and cannabis from a car in Vaini was convicted on charges relating to the possession of illicit drugs. Two others were convicted on charges relating to possession of illicit drugs.

Justice Tupou in a verdict on 25 October at the Supreme Court in Nuku’alofa, convicted Harris Satini (48) on three counts that on 27 August, 2023 in Vaini, he was in possession of 10.64 grams of methamphetamine, possession of 8.40 grams of cannabis and utensils that included one weighing scale, two smoking pipes, a straw and 38 empty packs. He will be sentenced on 13 December.

Another man, Saia Tufui (37) was convicted that on 27 August 2023 for possession of 0.15 grams of cannabis in Vaini, will also be sentenced on 13 December.

Earlier, a third man, Paletili Afu (37), was re-arraigned and pleaded guilty to two counts. The Crown withdrew two other charges against him. Afu will be sentenced on 11 November.

Driving around

The court heard that on Sunday 27 August, 2023 at around 8:00pm, Sgt Fifita of the Police Drugs Squad received information that Satini was driving around Vaini selling drugs. He was using his white land rover and a red car owned by Paletili Afu.

Sgt Fifita's team left for Vaini. As they came close to Afu's house, they saw a car reversing out to leave the home. Satini the driver, threw a pipe down before getting out of the car. Sgt Fifita detained Satini, while the other officers apprehended a couple of men who had made a run for it from the house.

Satini was body searched and Afu's house was searched, along with the cars belonging to Satini and Afu. The last part of the operation was to move to Satini's house and conduct a search there and of Tufui, who was found there with others.

In looking at the photographic evidence, the judge stated that the first photo was taken during the search of Satini, who was shown wearing a red bag around his waist. Other photos showed the contents of the red bag and contents of both of his trousers pockets.

“Those items are recorded on the diary of action and the search list. The illicit drugs were tested in the presence of Satini and positive for methamphetamine and for cannabis.

Search

The judge stated that, consistent with the record on the diary of action, none of the accused, including Satini, raised any objection to the search undertaken by the police on 27 August, 2023.

“I found all of the officers called by the Prosecution to be witnesses of truth. Their evidence was clear, consistent, strong and unwavering under cross examination.”

She stated that for count 1, after assessing the evidence, she was convinced that Satini had physical custody and control of the red bag that contained the 10.64 grams of methamphetamine.

“He admitted that much.

“His evidence that he picked the package up, took it to his vehicle, unpacked it for distribution and then put some in a pipe and gave it to Afu to try establishes all of the elements identified in R v Uasike.

“I do not find Satini to be a genuine and honest witness. I do not believe he was on his way to the police station at all because it was not just the white substance that was on him when he was apprehended. He had in his possession other incriminating items such as the cannabis and equipment on his person and the car.

“The presence of those items, the scale to weigh, a straw to scoop the drugs and 38 empty packs are all evidence of what appears to me to be a person involved in the supply of illicit drugs.”

The judge said that Satini did not challenge the accuracy of the weight he was charged with, “his problem was that he was not present. He has not produced any evidence to sufficiently rebut Officer Leveni's evidence.”

“I found the officers involved observed the proper procedures in handling of the exhibits and the examinations conducted by Sergeant Leveni was credible and there was no reason for him or other officers to fabricate any part of their evidence. As a result I found beyond reasonable doubt that the Prosecution has proven all of the charges. For Count 1 and accordingly, I find Satini guilty and convict him.

“For Count 2, I also find that the Prosecution has proven beyond any reasonable doubt that Satini had custody and control of the cannabis found on him and his vehicle. Satini accepted that the plant material found in his pocket and in his vehicle was cannabis and that it was his. I found the evidence of Sergeant Leveni credible. I find Satini guilty of Count 2 and convict him accordingly.

“Similarly for Count 3, I also found that the Prosecution has proven to the required standard all of the elements of the charge in Count 3. The scale was found in Satini's vehicle. He said he threw it in there. One of  the pipes was found on his person and the other he admitted, he dropped when he pulled the handbrake of Afu's car. The straw and empty packs were also found in his car.

“On his own evidence, Satini confirmed he knew the items were there. In addition, he was there unpacking the package containing the methamphetamine in Count 1. As a result I find him guilty on Count 3 and convict him accordingly,” ruled the judge.

“The illicit drugs involved, the paraphernalia, his evidence that a lot of people were coming to his house, having his house searched and cleaned by Tufui, and use of multiple vehicles are, to my mind, indicative of someone involved as a supplier,” added the judge.

Tufui cannabis

“I agree with Mr. Lutui that entry 52 of the diary of action proves that Tufui knew the cannabis was in his phone cover and that he was in custody and in control of it. He did not challenge the content of entry 52 and it must stand along with the evidence of Sgt Fifita who searched Tufui's phone and found the cannabis on the cover.

“I am satisfied that the Prosecution has proven each of the elements required under Count 8 beyond any reasonable doubt. I find Tufui guilty of Count 8 and convict him accordingly.”

James Lutui, the Director of Public Prosecutions and Mr Fisi'iahi acted for the Prosecution, while the three accused appeared for themselves.