Nuku‘alofa – The Supreme Court of Tonga has found Teau ‘I Mo‘unga Faletau guilty of engaging in dealings to transport more than five kilograms of methamphetamine, while co‑accused Mafi Fatongiatau Lutui was acquitted of the same charge.
Delivering his verdict on 24 March, Lord Chief Justice Malcolm Bishop KC ruled that the Crown had proven beyond reasonable doubt that Faletau was a key organiser in arranging the delivery of 5,328.98 grams of methamphetamine to airport baggage handler supervisor ‘Ofisi Ake for the purpose of exporting the drugs to New Zealand.
However, the judge said he could not be satisfied to the criminal standard that Lutui knowingly participated in the transport of the drugs, despite evidence placing him with other suspects during key moments of the alleged operation.
Meth Trafficking Operation
According to the judgment, the drugs—packaged in 12 “submarine-like” parcels with one additional package—were dropped at Ake’s Fasi residence on 5 April 2024. Ake, who was caught with the drugs minutes after the drop‑off, became an indemnified informant and immediately implicated Faletau, telling police the “thing” belonged to him.
A second informant, Joseph Taufa (also indemnified), alleged that he and Lutui had been part of the delivery operation, driving the drugs to Ake’s home in a grey Mitsubishi.
Judge Accepts Some Evidence, Rejects Others
The Chief Justice warned that the evidence of both informants required “considerable caution,” noting their clear self‑interest and inconsistent accounts. However, he found Ake’s initial statements credible, describing them as “the spontaneous… reaction of someone caught red‑handed.”
Taufa’s testimony, by contrast, was deemed unreliable regarding Lutui’s involvement due to numerous inconsistencies. But elements of his account were accepted where corroborated by CCTV and photographs.
The judge also dismissed allegations of deliberate police misconduct. While acknowledging procedural shortcomings, he found no malicious intent by Drug Enforcement Unit officer Sergeant Tu‘amelie Fifita, whose actions were heavily scrutinised during cross‑examination.
Why Lutui Was Acquitted
Although CCTV footage showed Lutui’s movements around Tanoa Hotel on the day of the offence—and revealed time gaps in which the drug delivery could have occurred—the judge emphasised that opportunity alone does not establish guilt.
“The determinative evidence is that of Taufa,” the Chief Justice said, adding that he could not be sure Taufa’s account was reliable to the standard required in criminal law.
Why Faletau Was Convicted
The judge found compelling evidence that Faletau had deliberately cultivated a relationship with airport supervisor ‘Ofisi Ake in order to exploit his access to aircraft, and that he played a central role in instructing the delivery of the methamphetamine.
The Court noted that Faletau continued communicating with Ake even after the drugs were seized, and that he went so far as to advise Ake to return the methamphetamine to its suppliers—despite knowing it belonged to individuals associated with the Comancheros gang—behaviour the judge said was inconsistent with that of an innocent man.
“That is not the action of an innocent man,” Justice Bishop said, calling aspects of Faletau’s testimony “unpersuasive” and describing him as “a not very accomplished liar.”
In delivering the final verdict, the Supreme Court found Teau ‘I Mo‘unga Faletau guilty of engaging in dealings to transport 5,328.98 grams of methamphetamine, concluding that the Crown had proven its case beyond reasonable doubt.
However, the Court acquitted Mafi Fatongiatau Lutui, ruling that the evidence presented did not meet the required criminal standard to establish his involvement in the same alleged drug‑transport operation.
Justice Bishop stressed there was “no inconsistency” in reaching different verdicts, as the case against each man had to be assessed separately.
Sentencing for Faletau will follow.
