By Linny Folau

Kisina Neiufi was found guilty of charges including possession of 3.51 grams methamphetamine. While his wife, Tohu'ia, who was jointly charged, was acquitted in the Supreme Court at Nuku'alofa. 

Justice Cooper in his verdict on 6 December convicted Mr. Neiufi on two counts, including possession of utensils. He was acquitted on a second allegation of possession of utensils, after a trial in October.

Both defendants were arrested after the car they were travelling in, on 19 April 2023, was stopped and searched by police. The surrounding area was searched. Mr Neiufi was charged with possession of utensils. It was alleged he had four empty 'dealer packs'. They were also jointly charged with the possession of 3.51 grams of methamphetamine. Both were also jointly charged with possession of further empty dealer packs.

The court heard that the evidence came from the police officers The Prosecution produced a Court book, with photographs of the stop, search and seizure of the relevant exhibits.

The Crown alleged that four empty packs with a quantity of cash recovered from the pocket of Mr Neiufi were the subject of Count 1.

Count 2 was made up of a single packet of methamphetamine found on the verge behind the rear of the vehicle, amongst some plants that grew on the outside of the wall at the location.

Count 3 was the empty packs that were found in a bag, discovered in the front passenger footwell.

Police evidence

The judge stated that Count 1 of four empty packets came from Mr. Neiufi's hand and was seen in the photograph with the money that was also in his grip.

“There appears to me to never have been any real argument over these on behalf of Mr. Neiufi. They were clearly recovered from his hand by the police at the scene on the day in question,” he stated.

The methamphetamine on count 2 was found in the bag amongst the plants to the side of the gate at the location searched. A Police officer gave evidence of being directly in front of the vehicle the defendants were in and seeing Mr. Neiufi throw an item from his hand, in a backwards motion.

“This aligns with where the bag was recovered by the police. There was no fingerprint evidence to show an association with the packet. The packet is a readily movable item. Yet, I conclude that the Crown has proved their case in respect of Mr. Neiufi and count two.

“The evidence of Officer ‘Otuhouma was clear. She was in a position whereby she would be able to see the movements of the driver of the vehicle directly ahead of where she stood,” he said.

“Methamphetamine is relatively expensive as such a person possessing it would go out of their way to ensure they did not accidentally discard it. I conclude from this it was highly unlikely to have been accidentally discarded by another.

“There was nothing about the appearance of the package that suggested that it had laid outside for a lengthy period of time so as to undermine the suggestion it had just been thrown there. It is an illicit item and so if confronted by police, there would naturally be a desire for someone trapped with it in, for example, a vehicle, to try and distance themselves from it.”

He then concluded that the packet not being finger printed, and or it being at the distance it was from the vehicle and or being amongst the weeds and not on top of them are not matters so as to in any way undermine the Crown's case.

“At least, in respect of Mr. Neiufi. I am quite sure that he had the packet of methamphetamine in his hand as he was stopped in the vehicle he was driving. Trapped as he was with this incriminating item, he tried to discard it by leaning across the passenger, his wife and throwing behind the car they were in.”

He then stated that for Mrs. Neiufi, whether she knew what was in her husband's possession was entirely a moot point. She did not give evidence, neither did he, and why they were in the car together was only a matter for speculation.

Regarding Count 3, the empty packets in the floral bag. The judge said there was no evidence as to the ownership of the vehicle. The bag could just have easily have been left there by someone else. There was no evidence how long both defendants were in the vehicle or where they had been and what they had done.

“...without any direct evidence to link the bag to Mrs. Neiufi, I am left in some doubt that it was indeed hers. Therefore, whether she know of the contents of the bag or the packets inside,” he said.

As for Mr. Neiufi, the judge was quite sure that the Crown had proven that he was in possession of both the utensils in his hand and the bag of methamphetamine. He is expected to be sentenced in January, 2025.