A man who pleaded guilty to possession of drugs was yesterday sentenced to 20 months in prison without release except for genuine medical emergencies or by prior approval of the court.
All but 12 months of the jail term is stayed and Suilefaiga Toala is credited for the nearly five months he’s been locked up at the Territorial Correctional Facility in pre trial confinement.
Police had stopped a vehicle the 38 year old defendant was driving on May 16. During a search of the vehicle police found a bag containing 8 grams of a white crystalline substance which turned out to be ice and drug paraphernalia.
Toala was charged with unlawful possession of a controlled substance, methamphetamine with intent to distribute and unlawful possession of methamphetamine.
However he entered a plea agreement last month in which he pled guilty to the charge of unlawful possession of a controlled substance, methamphetamine, and the charge of possession with intent to distribute was dropped.
Acting Associate Justice Elvis Patea said while the defendant did not have a prior criminal record save for traffic offences and he pled guilty to the possession charge, this court will not treat his case like others with no previous criminal record.
He said the court could not measure from the pre sentence report the extent of the defendant’s use of the drug.
The defendant’s mother pleaded for leniency saying she needed her son’s help at home and he had a wife and kids to look after.
Defense Attorney Marcellus Uiagalelei said he agrees with the pre sentence report that “our island is facing a serious drug problem” with so many cases coming before the courts relating to drugs.
While he didn’t deny the seriousness of his client’s actions, he reminded the court that Toala had taken full responsibility of his actions, is remorseful and wants to reform.
He asked that his client serve probation and get his life in order rather than be housed at the TCF.
Judge Patea assitaed by Judges Satele and Suapaia sentenced Toala to five years probation, with 20 months in jail without release. However all but 12 months of the sentence is stayed and Toala is credited with the almost 5 months he has been at TCF. The defendant was also given one year form the date of his release to clear all outstanding traffic fines.
