By Linny Folau

‘Ofa Tongia (27) is serving 12 months imprisonment and ‘Ilaisaane Kolo (23) seven months imprisonment for drugs and utensils offences. Their co-accused received a suspended sentence for possession of utensils.

Tongia was found in possession of 1.58 grams of methamphetamine.

The summary of facts from the Prosecution revealed that on 10 June 2024, at around 6:00 pm, Police went to Lomaiviti to execute an arrest warrant for Tongia and another person at their residence. The Police saw them playing table tennis with several individuals standing beside them. Police also noticed Kolo in the driver's seat of a green rental vehicle parked beside the ping-pong table.

When Tongia saw the Police, he fled and was pursued by three Police Officers. The Police Officers shouted to him to stop but he did not. They caught him and detained him. Whilst pursuing Tongia, the police officers noticed a blue vehicle and inside were Mesake and another person. When the Police Officers approached the other person got out and fled, leaving Tokilupe Mesake in the front passenger seat.

The Police searched this vehicle and found a blue bag containing five empty packets inside, and Mesake admitted that the empty packets were hers. Whilst at this area, Police Officer Fifita Kolo throwing out a smoking pipe from the vehicle. The Police searched her vehicle and found a phone cover inside the vehicle. Inside this phone cover were an empty packet and a piece of straw.

The Police continued to search Tongia's house and found under a mattress a packet containing three packets of suspected methamphetamine, and on the floor near the wall, a packet containing a pack of suspected methamphetamine.

Police Officer Fifita also found a speaker and inside were 18 packets of suspected methamphetamine, a smoking pipe inside a Nike bag that was hung on the wall, and inside was a plastic bag containing one piece of straw, 65 empty packets and one big empty pack. 'Ofa admitted that the bag and smoking pipe were his but the plastic bag and all its contents belonged to another.

Sentencing

Lord Chief Justice Bishop sentenced the trio on 9 December at the Supreme Court in Nuku’alofa. This was after Tongia pleaded guilty to possession of illicit drugs, possession of utensils and two other similar charges from another case.

Kolo pleaded guilty to possession of utensils and numerous charges in the Magistrate's Court, which was committed up as a summary matter for joint sentencing, that included unlawful the possession of 0.49 grams of methamphetamine, 0.06 grams of cannabis and the unlawful possession of utensils being 19 empty packs.

A co-accused Tokilupe Mesake (31) pleaded guilty to the possession of drugs utensils.

The Lord Chief Justice stated in Kolo’s sentencing that he had already sentence four defendants in relation to this matter.

“I repeat my sentencing remarks on that occasion. You were arrested following the execution of a search warrant on the 10 June 2024 some of you were playing ping-pong, others were standing by, still others were seated in it in a car near the ping-pong table and some fled that were quickly recaptured and arrested.

“In considering what sentence justice requires I've been helpfully provided with crime prosecution submissions and in some cases a probation report which I have carefully perused. Let me say it once its quantities of methamphetamine in even in small quantities in the order way will result in your sentence.”

He stated this has been the policy of this court for some years.

“The upshot is, you will serve a total of 18 months' imprisonment with the last 6 months of that sentence for 2 years on the following condition.”

This includes not committing any further offence punishable by imprisonment, must report to the Probation Office within 48 hours of release from custody and on probation for the duration of the suspension period. 

“For the avoidance of doubt, the accused will serve 12 months' imprisonment, followed by a 6 month suspended sentence on the conditions mentioned for two years.”

Kolo was sentenced to serve a total of 12 months' imprisonment, with the final three months suspended on conditions. This included the activation of suspended sentences in the lower court, he ruled.

Mesake received a six months imprisonment sentence, fully suspended for two years on conditions that consisted of not committing any further offence punishable by imprisonment, on probation for the duration of her suspension period, and must live where directed by the probation officer as well as completing a course on drugs awareness.

The Lord Chief Justice stated that this accused had been convicted of being in possession of utensils for the use in connection with drugs. She also had a history of offending but not in drugs related matters.