By Linny Folau

Finau Pomale (48) is serving a 12-month sentence for cultivating 79 cannabis plants, weighing 33.07 grams, at a bush allotment in Fatai.

On 11 March, Lord Chief Justice Bishop sentenced him at the Supreme Court in Nuku’alofa after he pled guilty to possessing an illicit drug and related utensils.

The Prosecution asserted that on 23 June 2024, at around 1:40am, Police received a tip about illicit drug cultivation at the bush allotment where the defendant and co-accused were present. Upon arrival, they entered the shed, detained both individuals, and informed them they were operating under the Illicit Drugs Control Act, despite not having a search warrant. During the search, officers found a green bag on the bed containing a glass pipe wrapped in toilet paper and cash notes.

Police found a box inside a broken fridge containing a pack that held two smaller packs. Additionally, police discovered a bong and an empty pack beside the bed. Officers found cash notes totalling $112 inside a green bag, which are suspected to be proceeds from the sale of illicit drugs and will be seized. Police located another pack between a tin wall. During a search of a bag of clothes, they uncovered a silver weighing scale and a bag containing empty packs. Officers also found a pack containing seven cannabis seeds.

Police officers moved to areas surrounding a shed in the bush allotment. Upon inquiry, the defendant admitted to the presence of illicit substances, specifically indicating that there were marijuana plants located outside. Subsequently, he directed the officers to several small marijuana plants situated in a field alongside taro and cassava. The police documented the scene by uprooting and photographing 79 marijuana plants. When questioned by the police, the defendant admitted ownership of the plants and confirmed that he had planted them.

Jail

A pre-sentence report stated that, given his pattern of offending in relation to illicit drugs and lack of remorse, the defendant was at high-risk of re-offending. The Probation Office recommended a fully custodial sentence.

“You're also to be sentenced for being in possession of utensils to use in connection with cannabis and being in disregard of the criminal law by someone who has shown a pattern of offending despite the chances that you have been given. I take into account your previous convictions and your plea of guilty at a late stage,” said the Judge.

“There is no other way than an immediate term of imprisonment in your case having regards to the imperative in the Kingdom of rooting out illegal drugs which is a scourge here.”

He will serve 15 months' imprisonment with the last three months suspended for a year on the conditions; he must not commit any further offences punishable by imprisonment, must complete a drugs and alcohol course at the direction of the Probation Officer.

The Lord Chief Justice ordered the destruction of all illicit drugs and utensils in these proceedings and the cash seized, amounting to $112 be forfeited to the Crown.