By Linny Folau

‘Atunaisa Fa’uhiva (32) received a fully suspended sentence of 16 months imprisonment for the possession of a loaded .22 rifle, ammunition without a licence, and illicit drugs, including dried cannabis seeds, in Neiafu, Vava’u.

Lord Chief Justice Bishop imposed the sentence on 28 March in the Supreme Court after Fa’uhiva entered guilty pleas to four charges.

On 21 September 2024, the defendant was arrested after police received intelligence. Cannabis seeds were found in his car, which he shared with three women. A loaded rifle and ammunition were also discovered in the boot.

“I am quite satisfied that you are a small-time street seller in cannabis,” said LCJ Bishop.

He believed that the accused had grown and sold cannabis in their plantation in the past, and emphasized the seriousness of the case due to the presence of a loaded firearm in the individual's car, even though it was in the boot.

“The possession of firearms by drug dealers is an increasing problem here in Tonga and the court must take a serious view.”

“I accept that in Tonga that there is not yet gang warfare over drugs, which has decimated life in many large cities in Western Europe, Australia and the United States, but the courts must nip in the bud conduct, which might lead to a rash of criminality involving lethal weapons.”

It was also accepted that the amount of cannabis seeds in question was small and he pleaded guilty at the first opportunity.

The Lord Chief Justice considered that the defendant is not young but this was a first offence. He accepted the assessment of the probation office that he is a medium risk offender, he stated.

“The Prosecution submit that a wholly suspended sentence is appropriate, that in my view is merciful, but I am prepared to take a risk and order the sentences, which I have just imposed be fully suspended for a period of 3 years on conditions.”

He sentenced the accused to 16 months’ imprisonment, fully suspended for three years, on conditions that he must complete 80 hours of community service and a course on alcohol and drugs awareness under the supervision of the Salvation Army.

It was further ordered that all drugs and utensils be destroyed, the cash seized be forfeited to the Crown. The arm and ammunition were forfeited to Tonga Police.