Tonga Independent News

Sunday 28, April 2024

Three Convicted for Cannabis Possession in Popua Raid

Heneli Manuofetoa, ‘Aisea Havea, and Kaniteli Guttenbeil have been found guilty of possessing cannabis confiscated in Popua.
Manuofetoa has been sentenced to five and a half months imprisonment, to be served concurrently with the 32-month sentence he is already serving in prison.
In his written verdicts and sentence issued on March 14, Justice Cooper convicted Manuofetoa of possessing 0.41 grams of cannabis, while Havea and Guttenbeil were found guilty of jointly possessing 3.33 grams of cannabis and possession of drug paraphernalia, specifically a smoking pipe.
During the trial, the judge delivered an extemporaneous judgment convicting all three after the submissions concluded.
The court learned that on March 15, 2023, around 5:00 pm, several individuals were apprehended at Sione Songo’imoli’s residence on suspicion of possessing illicit drugs.
The trial focused on three individuals and two specific locations where packets of cannabis and a smoking pipe were recovered.
All three defendants were discovered in and around two motor vehicles parked at the residence when the police conducted the raid.
Manuofetoa was found next to a green Toyota sedan at the driver’s door, with Pita Talanoa in the driver’s seat and a woman in the front passenger seat.
Behind the car on the ground, a packet of cannabis weighing 0.41 grams was located.
Guttenbeil was seated in the driver’s seat of a white Mazda parked beside the green Toyota, while Havea occupied the front passenger seat of the same white Mazda.
The judge emphasized the significance of a black shoulder bag found between Manuofetoa and Guttenbeil, containing eight packets of cannabis and a smoking pipe.

The bag was open and positioned between the front seats of the car.

The judge ruled that despite the absence of fingerprint evidence linking Manuofetoa to the cannabis packet, the Crown’s case against him remained strong. 

He favoured the testimony of Officer Fifita, stating that the packet’s position was consistent with Officer Fifita’s account of the events.

Regarding Havea and Guttenbeil, the judge concluded that they were both aware of and in control of the bag and its contents, given its placement between them and the presence of a lighter in Havea’s lap.

Manuofetoa was sentenced immediately after the trial, as he preferred to avoid a pre-sentence report. 

The judge considered the concurrent sentencing with Manuofetoa’s existing term, reasoning that it would not be fair to subject him to successive sentences for separate offenses.

The imprisonment term of five and a half months will run concurrently with Manuofetoa’s existing 32-month sentence. 

Havea and Guttenbeil requested pre-sentence reports, and their cases were adjourned to April 5.