by Linny Folau

‘Isitolo Sakopo and Kalafitoni Toluta’u are serving 20 months imprisonment for charges including possession of 1.91 grams of methamphetamine seized by Police, who received information they were selling drugs from their vehicle in Pahu.

Justice Garlick sentenced the two on 8 August at the Supreme Court in Nuku’alofa. This was after they pleaded guilty in June to three charges that included possession of 9.03 grams of cannabis and drug utensils.

The court heard that on 17 February this year, police received reliable information that the defendants were selling illicit drugs in Pahu from their motor vehicle.

The defendant Kalafitoni was driving the car, and the other, ‘Isitolo was seated in the front passenger seat. Police attempted to stop the car, which did not stop and crashed into the police vehicle. The police had to smash the car window to turn the car’s engine off.

The judge stated that defendants were detained and searched. ‘lsitolo was found to have cannabis, methamphetamine and empty packets in his pocket. He admitted straight away that the drugs were his.

There were further illicit drugs on the floor of the car. The defendants were arrested and taken to the Central Police Station, where the car was searched more thoroughly. On the floor of the car, police found: one packet of green leaves; one smoking pipe; six packets of methamphetamine; $198 cash and further methamphetamine in a plastic receptacle.

‘Isitolo admitted that all the drugs belonged to him. Both defendants pleaded guilty to the offences on a full facts basis. That is to say that they did not challenge the prosecution's summary of the facts, stated the judge.

The Crown submitted that the aggravating factors of this case was that both defendants have previous convictions for drug offences. In addition, drugs are a serious social and criminal problem in the Kingdom of Tonga and the continuing seriousness of the use of methamphetamine has been expressly recognized by the courts, it submitted.

Mitigating factors on their behalf was their guilty pleas made at the earliest opportunity.

The judge then sentenced both to 24 months each with the last four months suspended for one year, on conditions. Any time spent in custody on remand by either defendants will count towards the sentence imposed on them.

He also ordered that the illicit drugs are to be destroyed and all sums of cash and other items seized, including the motor car used to facilitate the offences are forfeited to the Crown.

“However, should it be the case that motor vehicle is the property of a rental company and not of the defendants, it shall not be forfeited to the Crown, but instead be returned to the said rental company,” he stated.