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Moala v R [2021] TOCA 10; AC 13 of 2021 (15 July 2021)

IN THE COURT OF APPEAL
CRIMINAL JURISDICTION
NUKU’ALOFA REGISTRY

AC 13 of 2021
(CR 146-148 of 2021)

KAUTAI MOALA

-v-

REX

Second application for bail pending appeal

RULING

BEFORE: LORD CHIEF JUSTICE WHITTEN QC

Appearances: Ms A. Kafoa for the Applicant (on behalf of Mrs Ebrahim)
Ms T. Kafa for the Crown
Date of hearing: 15 July 2021
Date of ruling: 15 July 2021

1. This is a second application by Mr Kautai Moala for bail pending appeal.
2. On 5 May 2021, Mr Moala was convicted possession of 19.49 grams of methamphetamine.
3. In his reasons for verdict, Judge Cooper identified certain evidence at trial from which he inferred that Mr Moala had the necessary knowledge and control over the subject methamphetamines to establish the offence of unlawful possession beyond reasonable doubt. That evidence and the reasons by which His Honour arrived at that inference are set out, in particular, at paragraphs 169 to 176 of the reasons for verdict. Notably, at paragraph 173, His Honour described various aspects of the evidence as preempting the “strongest inference” that Mr Moala knew “what was going on” and of the methamphetamines found inside the Fau trees nearby.
4. On 2 June 2021, Judge Cooper sentenced Mr Moala and his co-accused, Mr Alatini. Relevantly, His Honor sentenced Mr Moala to a total of 5 ½ years imprisonment with the last 6 months thereof suspended for 2 years on conditions.
5. On 24 May 2021, a notice of appeal was filed on behalf of Mr Moala. In that notice, he sought to appeal against his conviction on the grounds stated therein.
6. On 2 June 2021, Mr Moala applied for bail pending appeal. The grounds of that first application were that there was a possibility that the hearing of his appeal would not be heard this year; alternatively, that there are strong prospects (or ‘likelihood’) of his appeal succeeding. At that stage, he had not appealed against his sentence.
7. On 14 June 2021, that first application for bail pending appeal was heard. At paragraph 9 of the ruling, I recorded that:

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