Lomu’s ‘niece’ loses court appeal
ANNA LOREN
A woman who helped to import half a tonne of methamphetamine has had her application to appeal to the Supreme Court declined.
Selaima Fakaosilea – a close relative of Jonah Lomu, who called the rugby legend ‘‘uncle’’ – was convicted in June 2019 of importing meth and participating in an organised criminal group, along with Stevie Norua Cullen.
It came after what was, at the time, the country’s largest meth bust, in which 501 kilograms of the class A drug landed at Ninety Mile Beach (Te One-roa-a-Tōhē) in the Far North in June 2016.
Fifty-two kilograms of meth was found buried in sand dunes, while 449kg was found in a camper van.
However, just this week, police and Customs announced they had seized an even bigger haul of meth – 613kg from Auckland Airport. Six people have been charged over that incident.
Fakaosilea was sentenced to 12 years and six months’ jail – to be served in addition to a previous sentence of 14 years and six months for supplying meth and cocaine.
However, she appealed her sentence to the Court of Appeal, and in August had it reduced by three years. That means her total sentence is now 24 years, instead of 27. An appeal against her conviction to the same court was dismissed. Fakaosilea then sought leave, or permission, from the Supreme Court for a further appeal against her conviction and sentence.
She told the court her proposed argument hinged on the definition of the word ‘‘import’’ in the Misuse of Drugs Act.
The 501kg of methamphetamine had been transported to New Zealand in a ‘‘mother ship’’, which anchored off Northland’s coast, inside New Zealand’s territorial waters, she said.
According to a man known only as ‘‘Witness X’’, who was involved in the operation and gave evidence at trial, the plan was then to launch a smaller boat to meet the ship and bring the drugs ashore.
Fakaosilea said her part in the operation began after the ship dropped anchor – meaning she could not have been involved in the importation, as the drugs had already arrived in New Zealand’s territory before she joined in.
In a just-released decision, the Supreme Court denied her application, saying the Court of Appeal had already dismissed her main argument.
That court found the importation didn’t end ‘‘until the boat from the mother ship came ashore’’, the decision said.
‘‘On that analysis, there was no doubt that the applicant’s involvement in the actions associated with the importation began before the importation had been completed.’’
The Supreme Court did, however, leave the door open for Fakaosilea to reapply to appeal her sentence in future.
That was because another sentence appeal for drug offending was also before the court, and it could have implications for her sentence, the decision said.