Rex v Hokofonu [2002] TOSC 24; CR 064 2002 (23 August 2002)

PRESS RELEASE FROM THE SUPREME COURT OF TONGA

RE: Cr.64/02

REX

-v-

1. VILIAMI TU’IHALANGINGIE HOKAFONU
2. ‘ONITILE MANU

At the conclusion of a trial lasting three weeks, the jury convicted Hokafonu of conspiracy to import 100kgs of cocaine, conspiracy to export 95 kgs of cocaine and possession of 5 kgs of cocaine. Manu was convicted of conspiracy to export 95 kgs of cocaine and acquitted of the other charges.

The court heard the evidence of 64 witnesses some of whom were from Australia including members of the Australian Federal Police.

The cocaine had been sealed in 20 metal boxes hidden in consignment of tiles which come from Panama. On arrival in Tonga the boxes of tiles were sorted by the accused and others at the Sunset Inn at Houma and 19 of the boxes repacked into another container for shipment to Fiji. One box, containing 5 kgs of cocaine, was retained by Hokafonu.

All the cocaine was seized by the Tongan Police.

When passing sentence the Chief Justice said:

Sentence

“Hokafonu, the verdict of the jury has shown that you were deeply involved in a most evil trade. It is a trade that can make very large sums of money for those who are greedy and ruthless enough to engage in it. In doing so, they show a callous lack of concern for the numerous young lives these drugs will irreparably damage and the families they will destroy. When the drug is imported in the quantities involved in this case, it is a threat to the actual fabric of society

I do not know the final destination of these drugs or if they were to go beyond Fiji but I have no doubt they were routed through Tonga because, in world terms, we are still fortunate to be relatively free of these dreadful substances. By giving the appearance the goods have come from Tonga, they would be less likely to arouse the suspicions of the authorities in the countries for which they were finally destined. I have to pass a sentence that will show that any drug dealer who tries to use Tonga’s name in that way will be severely punished.

Unfortunately the penalties under our laws are totally inadequate for dealing with drug importations on this scale. I would take this opportunity to suggest that the government consider increasing the penalties.

I cannot consider that any sentence less than the maximum allowed under the Act would be appropriate for a case on this scale.

There is a further aspect that I must treat separately. I have no doubt the 5 kgs of cocaine left behind in your possession was part of the payment for your part in this operation. I do not know how you intended to realise the value of that but, if this conspiracy had not been discovered and you had released it onto the market here, it would have been a horrifying escalation of the problems we are already beginning to experience in this country.

On each of the counts of conspiracy, which are counts 10 and 12, namely to import and export there will be a sentence of 10 years imprisonment which will be concurrent to give a total of 10 years. However, the sentence on count 9 relating to the possession of the 5 kgs intended to be left behind in your possession will be punished by a further term of 4 years consecutive.

That gives a total of 14 years imprisonment.

Manu, I consider the verdict here shows that the jury accept you came into this innocently at first. However, through that involvement, you discovered the awful nature of the contents of this container and were then willing to become involved as well. I have no idea what you reward for this was to be but anyone who is tempted to join such evil enterprises must realise he will be punished severely.

You were not part of the original scheme and so the penalty can be very much less but the least I can pass is one of 3 years imprisonment.

I order that the drugs are forfeit and shall be destroyed in a manner the authorities can be sure is safe and total subject only to the retention by the authorities of such quantity as is considered by the scientific experts as necessary for future investigations.

I would finally commend the police for the manner in which they have conducted what was difficult and sensitive investigation.”

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