By Linny Folau

Maka Kelilopa Vaka’uta (64) was jailed for four months on five counts including possession 0.28 grams of methamphetamine, 0.42 grams of cannabis and ammunition, in bush allotments at Hoi, Tongatapu.

In the Prosecution’s summary of facts it stated that on the afternoon of 15 May 2024, members of the Drugs Squad went to a bush allotment in Hoi after receiving information regarding an individual, who was wanted by Police.

Police Officer Fifita approached a house on the allotment whilst the rest of the operation members cleared the surrounding area. He saw the accused and a co-accused asleep inside, as well as a smoking pipe on top of a sofa.

Due to the smoking pipe in plain view, the conducted a search without a warrant. Police Officer Fifita discovered in the accused's shirt pocket three empty packs consisting of traces of a white substance, one pink coloured pill and five pieces of a plastic scooper.

When asked if he was aware of these items, the accused answered that it was the remainder of "ice" that he smoked to help numb pain to his leg. He claimed that he farms a lot of taro and was given the pack of "ice" by some other farmers at Vaini.

Police searched the accused's vehicle, where they found a wallet, which contained two cannabis packs. The accused then voluntarily informed another Police officer Tomu, that there was a pack of ice in the smaller pocket of the wallet, which were three packs of methamphetamine. A smoking pipe was also found.

Rusted ammunition

Meanwhile, rusted ammunition was found on the kitchen table. The accused told police that he had in the past had a licence for the possession of arms and ammunition but it had since expired. He claimed that the firearm was in a bush allotment at Vaini.

The operation members and the two accused then went to the allotment in Vaini to retrieve the firearm. The accused said that the allotment in Hoi belonged to his older brother and that the allotment in Vaini belonged to him.

He then led members of the operation team into a house. Police found inside the accused's room, one ziploc bag containing 17 x .38 ammunition and 1 x .223 ammunition, and one pack containing a substance suspected to be cannabis seeds. He was then arrested, stated Prosecution.

Sentencing

Lord Chief Justice Bishop sentenced him on 29 November at the Supreme Court in Nuku’alofa.

This was after he pleaded guilty to all counts from the possession of 0.28 grams of methamphetamine, 0.42 grams of cannabis, 0.32 grams of cannabis, possession of utensils (three empty packs, five pieces of a plastic scooper) and possession of 17 x.38 ammunition and 1 x .223 ammunition.

“It is very disappointing that at your age of 64 you stand before the criminal courts for serious offences. You have, of course, been convicted for other matters and indeed on the 11 October this year, I acquitted you after a trial of the theft of a tractor which your co-accused is to being dealt with today.

“Methamphetamine is always a serious matter. It is a scourge in the island in the community. It destroys families as well as the person involved. It encourages international crime, and the court is determined to stamp it out."

He sentenced the accused to 10 months' imprisonment with the last six months suspended for two years on conditions. This means that the accused is now serving four months in prison. 

All of the illicit drugs, utensils and ammunitions were forfeited to be destroyed.