A 42-year-old Customs Officer Tevita Pati Kata was sentenced to 14 years imprisonment for the importation and possession of 17.6 kilos of methamphetamine worth NZD$17-18 million, during the largest drug bust of this kind in Tonga, in September last year.

Chief Justice Anthony Ford in imposing the hefty sentence said that the penalty for offences relating to illicit drugs is the highest in the statute book in Tonga, apart from the death penalty.

On May 12, 2010 a jury of seven convicted Kata on two charges of importation and possession of methamphetamine following the seizure of the illicit substance at his home in Halaleva in September 2009.

The court was told on May 12 and May 21 2009 Kata imported two consignments of methamphetamine to Tonga and he used his influence as a customs officer to release them from the DHL courier office. The consignments arrived in Tonga on an Air New Zealand flight.

The consignment was concealed in 12 wine bottles and foil bags and it was labelled so professionally that the staff at the courier agency believed it was red wine. The illicit substance contained 30 litres of liquid, which produced 17.6kgs of methamphetamine.

During the trial last month, a New Zealand Police Officer confirmed this as the second largest drug bust they had come across. Tonga Police received information that methamphetamine was being imported to Tonga, and based on that they got a warrant and searched Kata's home.

The Chief Justice added that the consignment arrived in Tonga in May 2009 and up to September the items were buried in his backyard. About two days before the police search Kata took the items out of the ground and put them in a suitcase for shipment to Australia onboard the MV Captain Tasman that was to leave Nuku'alofa port for Australia.

Kata initially told police he did not know about the importation of the illicit substance and that he only came across it as two men named Sione Filipe his old acquaintance from Sydney and a Chinese man dropped it off to him at his home and they were to pick them up later.

The Chief Justice said in court Kata admitted that he was involved in the importation but he claimed that he just thought the substance was wine. "Clearly, the jury disbelieved you and I am in no doubt that the jury's decision was correct," stressed the judge.

Deterrent

The Chief Justice said that by the court has an uncompromising role in relation to illicit drug offences. In the old Drug Law offences had a penalty of $2,000 fine and a maximum imprisonment of 10 years.

He added in June 2001 former Chief Justice Gordon Ward took an unusual step and issued a press release stating that drug offenders would be sent to prison for a very long time.

In the same year during the seizure of 100 kilos of cocaine in Tonga that was intended for a foreign country like Fiji or Australia, it saw the accused sent to 10 years in prison. He made an appeal but the Tonga Court of Appeal upheld the sentence and ruled that in order to prevent Tonga becoming a transit area for such crimes the court has to impose heavy and sufficient penalty.

The Chief Justice also noted that in August 2003 the Legislative Assembly passed the new Illicit Drugs Act resulting in the increase in fines and tripled the maximum sentence.

Now the maximum imprisonment for importation is $1 million fine and imprisonment not exceeding 30 years. For possession the maximum imprisonment is 25 years and $750,000 fine.

The sentence passed by the Legislative Assembly and imposed by the court is to deter the Tongan people from involving in illicit drug offences, he said.

Officer in charge

The Chief Justice said Kata who is a father of three children with one foster child and a grandchild, was the Officer in Charge at the Manifest and Export Division at he Customs Office during the time of the crime.

Kata who is the only breadwinner for his family is now remorseful and had accepted the jury's verdict.

The Chief Justice told Kata that it was impossible not to feel sorry for his wife and family.

"How are they going to survive, I don’t know, but the sad reality is you should have stopped before getting involved in the importation. You took advantage of your position and breach the trust of your employers."

The Chief Justice backdated the 14 years sentence to start from September 2009 since Kata had been held in police custody.

"Had you been a ringleader or mastermind I would have imposed 20-years-imprisonment," said the Chief Justice.