A suspended Police Constable Valeliano Manu (33) and two foreign nationals, Chinchiu Liu (aka Kevin Liu) (31), and ShiQing Lin (32) were jailed on January 21 for over five years for importing over 2 kilos of the controlled chemical pseudoephedrine.

A fourth man Xiu Ming Lin (41) was jailed for 10 months for possession of pseudoephedrine.

The case involved the importation and possession of a cold remedy known as “contac NT”.

In the Nuku'alofa Supreme Court, Mr. Justice Charles Cato on November 26 last year, found Manu, Liu, and Lin guilty of the importation of 2017.3 grams of the controlled chemical to Tonga in mid-2011.

A fourth accused Xiu Ming Lin (41) was found guilty of possession of 62 grams of the controlled chemical received a lesser sentence of 10-months imprisonment.

Imposing a deterrent sentence, Mr Justice Cato stated that, “contac is well known to be a chemical for which there is now a very lucrative black market at least in Australasia where other sources of pesudoephedrine for the manufacture of the very harmful drug methamphetamin are difficult to obtain.”

To illustrate the considerable illicit commercial value  of contac NT in the drug trade, Justice Cato noted that a sentencing judge in New Zealand had “mentioned that an amount of grams similar to that here, depending on the amount of the cook could realise an amount of methamphetamine between 442 and 663 grams, which should have in New Zealand at the time a street value of between  $126,000 and $355,000.”

Justice Cato stated, “ I consider that the importance of contac as a precursor in the manufacture of methamphetamine, requires me to impose sentences of imprisonment on those who are found in unlawful possession of this chemical for a commercial purpose unrelated to cold treatment.”

Disgrace

The suspended officer Manu, originally from Niuatoputapu, received five-years and four months imprisonment with no part suspended.

The court was told the accused joined Tonga Police in 2002 and became a well-regarded officer in crime scenes, underwent training and seemed to have achieved well in his studies.

“All this, he has now lost as a consequence of his actions, the effect of which is not only to bring disgrace on himself but also disgrace to the Tonga Police,” said Mr Justice Cato, who rejected any suggestion of innocent involvement.

Justice Cato said this was a very serious offending by a serving police officer. “I have no doubt he calculated the odds against him being caught and intended to profit from his involvement.”

Manu is a married man with children.

Criminal-enterprise

Kevin Liu, who was born in Taiwan came to Tonga on a student visa in 2004, was sentenced to five-years and eight months imprisonment.

The judge said he was the central contributor to the joint enterprise, “without a doubt, since he was the organizer and it was he who knowingly manipulated and co-opted Manu into furthering this criminal enterprise. Liu was reported to have accepted his conviction and now expressed remorse in his involvement and asked for leniency. He had recent convictions for bodily harm in 2009 and false pretenses in 2013,” said the judge.

The third accused Lin, was born in China came to Tonga in late 2010 and had admitted in his report that he was convinced by other Chinese friends to engage in importing and he could receive quite a big commission.

Justice Cato said at trial he denied his involvement and so, like Liu, he regarded his expression of contrition as a belated statement and no discount in mitigation.

He imposed a sentence of five-years and four months imprisonment after taking into account he had no previous convictions among other mitigating factors.

“In my view he was responsible for organizing the consignment from the Chinese end and the Contac was intended for him,” said the judge.

Possession

Lastly, Xing Ming Lin (41) who received a much lesser sentence of 10-months imprisonment came to Tonga in 2011 from China on a business visa, which he had now lost. He accepted the court’s decision and asked for leniency.

Lin’s involvement with Liu was commercial and was not an unwilling victim of circumstance.

“I reflect that his possession of 62 grams of Contac in his refrigerator is that he had it for commercial purpose associated with methamphetamine and not for the treatment for colds.

“Deterrence must be the paramount sentencing considering where Contac is possessed for this purpose,” said the judge.

The sentences were backdated to start from November 26, 2013 the day the accused were found guilty and remanded for sentencing.

The Crown represented by Sione Sisifa had told the court during the trial in November last year, the consignments were sent from China via Auckland destined to Tonga. While transiting in Auckland the consignments were detected and intercepted by New Zealand Customs and Police. A joint investigation and operation by Tonga Police and New Zealand Police was initiated and all of the accused were arrested and charged.

Penalties

Mr Justice Cato said that precursors such as pseudoephedrine in other jurisdictions may involve lesser maximum sentences, but not in Tonga where aside from the offence of importing or exporting a drug under section 3 of the Act, which carries a maximum sentence of 30 years and or a fine of up to a million dollars, the Tongan legislation does not differentiate between the penalties for controlled chemicals and offences relating to drugs.

“Both attract penalties of 25 years or $750,000 or both,” he said.

Local counsel Ofa Pouono represented Manu and Xing Ming Lin. David Corbett represented ShiQing Lin. Kevin Liu was unrepresented.