The Supreme Court has sentenced a woman to life imprisonment for her role in importing methamphetamine into the country.
The court found ‘Anita Toutaiólepo, 45, guilty on two charges.
The primary charge was that she knowingly, and without lawful excuse, caused to be imported approximately 137.36 grams of methamphetamine, a Class A illicit drug.
The second charge related to the knowing importation of drug utensils, namely six smoking pipes used for consuming illicit drugs.
The court was told a container arriving in Tonga aboard the vessel “Papalan Poly” on April 4, 2024, was inspected at SF Oceania Limited.
The court found that the container held illicit drugs shipped from Anthony Vea in San Francisco, California, USA, and that the shipment was intended for the accused, Toutaiolepo.
During the inspection, a drum within the container was found to contain a bag holding illicit items.
These items included a coffee bottle concealing a package of a white crystal substance, a pair of pants hiding six smoking pipes, and a second package containing another bottle with two more packages of the same crystalline material.
Police were immediately notified and subsequently arrested Toutai’olepo at the scene.
While she admitted the drum was hers, she denied any knowledge of the illicit contents, claiming they belonged to someone else and had been sent through her consignment.
Laboratory testing later confirmed the substances to be methamphetamine. The total net weight of the drugs seized was 137.36 grams.
Based on the evidence, defense lawyer Mr. Corbett argued that his client should be acquitted. He presented a positive defense, asserting that the illicit drugs were actually placed into the drum by another individual, Uinikoni.
Mr. Corbett pointed to three key factors that he stated should raise reasonable doubt: the absence of any forensic evidence linking his client to the drugs, the specific timing of when the drum was opened, and a lack of transparency in the procedural handling of the evidence. He contended that these grounds were sufficient for his client to be found not guilty.
Presiding Judge Tupou KC, however, found the account of Uinikoni to be credible, siding with his version of events. The court accepted that the broker, not Uinikoni, was the individual who opened the drum containing the illicit goods.
Furthermore, the judge believed Uinikoni’s testimony that he was with his supervisor, Fa’one, in a designated clearing area when the black bag containing the drugs was brought to them, supporting his claim that he was not directly involved in the discovery.
Justice Tupou delivered the stern sentence, emphasising the severity of the crimes which contravene Tonga’s Illicit Drugs Control Act.
In addition to the life imprisonment term, Justice Tupou ordered the immediate destruction of all illicit drugs and utensils seized during the investigation.
The order was made pursuant to section 32(2)(b) of the Illicit Drugs Control Act, which mandates the disposal of such materials to prevent them from re-entering the community.
