Suspended Assistant Electoral Commissioner, Afualo Daryl Mapu has been found guilty of possession of narcotics and an unlawful firearm while his co-defendant Marie Fanueli has been cleared of all charges. 

Supreme Court Justice, Tafaoimalo Leilani Tuala-Warren handed down the decision on Friday afternoon. 

Both defendants were jointly charged with six charges of possession of narcotics namely 5 clear sealed plastic bags containing methamphetamine weighing 1.6 grams, and possession of utensils namely glass pipes. 

The charges also include possession of an unlawful weapon, namely one 9 mm pistol, one 22 pistol semi-automatic, one 357 magnum pistol revolver, unregistered firearm namely 12 gauge shotgun break single action barrel, one 22 rifle semi-automatic and unlawful ammunitions. 

The suspended Office of the Electoral Commission (O.E.C.) officials both pleaded not guilty to the charges. 

Justice Tuala-Warren concluded she was satisfied beyond reasonable doubt that Afualo was in possession of the narcotics, firearms and ammunitions being the subject of the six charges. 

She, however, was not satisfied that Ms. Fanueli was in possession of the illegal items and had all the charges against her dismissed. Her family shed tears as the Court handed down the decision clearing her of the charges. 

The charges stem from a police raid at Afualo’s home in Nuu-fou on 28 December 2021 where police conducted a search for firearms. 

Afualo’s key witness Pelepesite Faavae had given evidence that the drugs and firearms belong to him and not the defendant. 

He also told the Court during trial that the pants that Afualo was wearing and had drugs inside was his. 

But the Court found the evidence from Pelepesite questionable and did not find it credible. 

Although Afualo said in his evidence that he didn’t try to hide anything from the Police, Justice Tuala-Warren said at no point during the search or after did the defendant tell the Police that the shorts belonged to Pelepesite. 

Furthermore, when Police did a body search and found methamphetamine in the pocket of the shorts, which Afualo was wearing that he immediately identified as “aisa” or ice. 

“If it was not Daryl’s shorts that the narcotics were found in as Daryl states, he would not have known what the substance was that was found in the pockets,” said Justice Tuala-Warren. 

“I also have serious doubts over this part of the defence evidence that the shorts in which the methamphetamine was found belonged to Pelepesite. 

“Daryl and Pelepesite shared a cell together in custody for two months when Pelepesite was arrested on an unrelated matter in December 2021. 

“Pelepesite admitted during this time they discussed the case. This allowed them ample opportunity to discuss the evidence that they would give.

“The discussion of this case by Daryl and Pelepesite has a significant bearing on the credibility, reliability and the truthfulness of their evidence.” 

The Court also found that Pelepesite is not a credible witness, in terms of his ownership of the shorts because he is a self-confessed drug dealer and user and had no respect or regard for the law. 

“I also do not find credible Daryl’s evidence that he put the shorts on as he had nothing else to wear,” said Justice Tuala-Warren.

“In his evidence he says he wore a towel into the bedroom and put it on a speaker. 

“Even with this towel in the bedroom, he put on the shorts, later when Police were there he put on a t-shirt which was on the bed. 

“I find he put on these clothes because they were his.” 

The Court concluded that the Assistant Electoral Commissioner's evidence was not credible, and he had actual physical custody of the narcotics in his pocket.

The Court was also not satisfied that Pelepesite was in possession of the illegal firearms inside a room at Afualo’s home, finding the defendant guilty of the illegal firearm and ammunition charges. 

He has been suspended from his official duties pending the outcome of the trial. 

Afualo will be sentenced on 14 October and remains on bail until his sentencing by the Court. 

Lawyer Magele Leone Sua-Mailo represented Afualo while Aumua Ming Leung Wai acted for Ms. Fanueli.