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Police v Eti [2015] WSSC 217 (24 November 2015)

IN THE SUPREME COURT OF SAMOA
Police v Eti [2015] WSSC 217

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

JOHN TUTUILA ETI male of Satapuala.
Defendant

Counsel: O Tagaloa for prosecution
Defendant unrepresented

Ruling: 24 November 2015

ORAL RULING OF THE COURT

1. The defendant has pleaded not guilty to the five charges brought against him by the police. The first information S933/15 is that on the 05 February 2015 at Satapuala he was in possession of two marijuana plants. Second S608/15 that at Satapuala on 05 February 2015 he did cultivate two marijuana plants. The third S606/15 is that same place and date he was in possession of loose leaves of marijuana. The fourth S607/15 is that same date and place he was in possession of one branch of marijuana. And the final one S605/15 same place and date he was in possession of eighteen marijuana seeds. The charges involving two plants can be disposed of first.
2. It is clear from the police evidence this charge refers to plants measuring about 2 feet, one slightly taller than the other. And that these were plants located on the right side of the main house of the defendants family property at Satapuala. It is also clear they were discovered by the police when they raided the land in the early morning hours of 05 February 2015 looking for the defendants brother Terry. The court records confirm that Terry has already pleaded guilty to unlawful cultivations of these two plants. On the 08 of May this year, Terry was sentenced by me to 12 months imprisonment for that offending. These matters were further confirmed to me this afternoon by Terry who was brought down from Tafaigata by the police.
3. There is no evidence there were any other plants discovered in the police raid of 05 February 2015 on the defendants family property. Quite clearly it would be an abuse of process to prosecute this defendant for cultivating those plants in the absence of any evidence he was involved in that cultivation by Terry. After drawing this matter to the prosecutors attention he has quite properly applied to have those two charges withdrawn. Information S608/15 and S933/15 are therefore accordingly withdrawn by leave and dismissed.
4. We come now to the charge of possession of the loose leaves. There has been no evidence adduced there was any other marijuana apart from what was found in a Pall Mall container on the day of the raid. It is likely this charge is a duplicate charge and in any event there is no evidence to support it. Accordingly S606/15 is also dismissed.
5. That leaves the charge of possession of one branch of marijuana and possession of eighteen marijuana seeds. There was ample evidence from the police witnesses that these were discovered in a Pall Mall packet or container found in the defendants cargo shorts. The shorts were on top of a safe containing plates and cutlery located next to the bed where the defendant was found sleeping. When questioned about the shorts the defendant admitted to the police officers they were his. He had worn them the previous night.
6. I do not accept the defendants denial that the shorts in fact belonged to Terry who was asleep in the other house of the family at the back. There is no evidence that when Terry woke up due to the arrival of the police, he ran naked into the bush. The evidence all points to the fact that this cargo pants belonged to the defendant John.
7. I am also satisfied the warrantless search was lawful. The police officers stumbled across the marijuana plants after returning from giving an unsuccessful chase for Terry. The discovery of the plants properly triggered a full search of the property without a warrant, on the instruction of the Inspector in charge of the raiding party.
8. Accordingly I am satisfied the defendant was found in possession of one small branch of marijuana and the eighteen seeds in the pall mall packet found in his cargo pants pocket. The remaining two charges against you Ioane are accordingly proven beyond reasonable doubt.
9. E manaomia se lipoti mai le ofisa faanofo vaavaaia. Aua e te faatamala iai leaga e fesoasoani tele mo oe. O le a tolopo lau mataupu mo le aso 21 Tesema sei faataatia mai le lipoti lena ona fai ai lea o se faaiuga i moliaga ia e lua. O lea o le a faaauau pea lau nofo taofia ae aoga uma aso ia e te taofia ai. A iai se talosaga a le tina e fia tuu mai o le aso lena e tatau ona fofoga ai e le faamasinoga le talosaga.

JUSTICE NELSON