By Linny Folau

Petelo Tu’ipulotu (34) is serving two years imprisonment for possession of 1.34 grams of methamphetamine. His 35-year-old co-accused, Lavinia ‘Otuafi received a suspended sentence at the Supreme Court in Nuku’alofa.

From the Prosecution’s summary of facts, on the afternoon of 20 March this year, Police received reliable information that Petelo was going around the area of Ma'ufanga selling illicit drugs.

The Police, in the proximity of the 'Apifo'ou College, identified the accused who was getting out of a vehicle and crossing to another vehicle.

The accused, Tu’ipulotu, was removed from the vehicle, the Police tried to take out something he had put in his mouth. He eventually spat out two packs containing a white substance.

Police found $415 cash in the pocket of his trousers and he admitted that the packs that he spat out belonged to him.

The Police went to Tu’ipulotu’s residence in Ma'ufanga, and found the co-accused, ‘Otuafi, sitting on a chair beside a bed. They found one smoking pipe on the bed.

Police found one pack containing meth inside ‘Otuafi’s hair claw, which she had on her hair. She said that it belonged to Tu’ipulotu.

Tu’ipulotu admitted that it belonged to him and was given to her to put in her hair.

The Police arrested him for supplying illicit drugs and ‘Otuafi was charged with possession of an illicit drug. Both were asked whether they knew anything about the smoking pipe, Tu’ipulotu admitted that it belonged to him.

Sentence

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

On 21 October 2024, before the trial was about to start Tu’ipulotu requested to be re-arraigned and pleaded guilty to possession of the meth and attempting to destroy evidence. His two other charges were withdrawn by the Prosecution.

“I am satisfied that the circumstances of your arrest and the amount of money found on your person, enables me to draw the inference that you were in fact a low-level supplier of drugs.”

The judge imposed starting point of 18 months' imprisonment, since the accused had a bad criminal record, and committed the offences immediately after his release from prison, that obliged him to uplift the sentence in accordance with the statute.

“I do so that you now serve a sentence of 2 years imprisonment. You are not young, you have previous convictions and in your case the prospects of rehabilitation are bleak and for that reason you will serve a full 2-year imprisonment.”

In relation to count three, he received a nine months sentence served concurrently to the above sentence.

His co-accused ‘Otuafi, she pleaded guilty to possession of an illicit drug and utensil. The Lord Chief Justice received her pre-sentence report from the Probation Office detailing her personal history, factors in relation to the offending and their recommendation on sentencing.

The Probation Officer recommended the accused serve a community work sentence including conditions of being placed on probation, not to commit any offence punishable by imprisonment, not to be associated with the co-accused unless agreed by the Probation Officer on reasonable grounds, complete community work at Ha'apai under the direction of the Probation Officer and to undertake counselling.

“I take the contents of this report into account in considering the accused's sentence,” he stated.

'Otuafi was sentenced to six months imprisonment fully suspended for two years on conditions. This includes not committing any offence within the next two years,

“If you do, you will serve six months of this sentence as well as any other penalty for the matter you would then be charged for.”

In addition, she is to serve 40 hours within two years, and she must also take up a drugs awareness program at the direction of the Probation Office and the Salvation Army.

The Lord Chief Justice then ordered that all drugs and utensils seized in these proceedings are to be destroyed and the cash in the amount of $415 forfeited to the Crown.