By Linny Folau

Tomu Pouono (52) was jailed for charges including possession of 0.12 grams of methamphetamine and 7.55 grams cannabis. His 48-year-old wife and co-accused received a suspended sentence for similar offences in Lapaha.

Magistrate Tu’akalau sentenced Tomu to 13 months imprisonment, including a suspended sentence he breached. His wife, Ma’ata, was sentenced to 10 months imprisonment, which the Magistrate fully suspended for two years on conditions, on 19 February in the Fasi Magistrates Court.

After a trial in October last year, the couple were found guilty of offences after suspected illicit drugs were seized by Police at their residence in Lapaha in 2023.

The lower court heard from the evidence that on 22 October, 2023 at around 4:30pm, Police officer Fifita received reliable information that Class A and B illicit drugs were being sold from the couple’s residence in Lapaha.

Police left for this residence and executed a search warrant intended for the illicit drugs. When they entered the house, Ma’ata was sitting on a bed and had in her lap a bag and was holding packs of cannabis in her hands.

Tomu Pouono was charged that with others he was in possession of 0.12 grams of methamphetamine, 7.55 grams of cannabis and eight packs.

Ma’ata was charged that with others that she was in possession of 0.12 grams of methamphetamine, 7.55 gram of cannabis and utensils and seven packs.

The Magistrate stated that the maximum sentence for possession of methamphetamine of not more than 1 gram is a fine not exceeding $10,000, imprisonment of not more than three years or both.

The maximum sentence for possession of cannabis below 28 grams of cannabis is a fine not exceeding $10,000 or imprisonment not exceeding three years or both.

The lower court heard the aggravating factors included the seriousness of the offences, the major problem illicit drugs pose in our country. Tomu also had a drug offending in 2020, in which he was fined $500. He also had a suspended sentence for assault where he received a suspended sentence on conditions that he carry out community work, that he did not complete.

The Magistrate agreed with the Prosecution’s submissions for a custodial sentence. He also activated Tomu’s three months suspended sentence to his starting point of his sentence imprisonment.

However, a suspended sentence was warranted for Ma’ata. She did not have any drugs offending for five years and the lower court believed that a suspended sentence was appropriate, since she could use the opportunity to change her life around and take care of their children, he stated.

The Magistrate sentenced Tomu to serve 13 months imprisonment with no suspension.

Ma’ata was sentenced to 10 months imprisonment fully suspended for two years, on conditions that she must not commit any offence, and carry out 60 hours of community work. The illicit drugs and utensils were ordered to be destroyed with the seized cash and phone forfeited.