Rex v Hokafonu [2002] TOSC 39; CR 064 2002 (1 January 2002)

IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION
NUKU'ALOFA REGISTRY

CR. 64/2002

BETWEEN:

REX
Prosecution

AND:

1. VILIAMI TU'IHALANGINGIE HOKAFONU
2. 'ONITILE MANU
Accused

BEFORE THE HON. CHIEF JUSTICE WARD

Counsel: Ms Simiki for prosecution
Mr Tu'utafaiva for both accused

SENTENCE REMARKS

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 people who are greedy and ruthless enough to engage in it. In doing so, they show a callous disregard 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 drugs 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 must 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 which provide a maximum penalty of 10 years imprisonment are totally inadequate in my opinion for dealing with drug importations on this scale. I would take this opportunity to ask that the government take immediate steps to consider increasing the penalties.

I cannot consider that in a case of this nature any sentence less than the maximum could be appropriate.

There is a further aspect that I must deal with 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 your reward was to be for this 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 sentence 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 a difficult and sensitive investigation.

NUKU'ALOFA:

CHIEF JUSTICE