International drug conspiracy: Tevita Fangupo has reduced prison time on appeal

A man jailed for his role in an international drug conspiracy has had years of sentence reduced on appeal.

Tevita Fangupo, found guilty by a jury, was sentenced to 17 years in prison for importing just over 20 kg of methamphetamine.

But that term has been annulled and replaced for 14 years and five months by the Court of Appeals. His minimum term of incarceration was also reduced to 40 percent.

During the drug trafficking trial that Fangupo shared with Tevita Kulu and Toni Finau, a high-level athlete from New Zealand was appointed.

Despite not being charged, the sports star was accused by the Crown of being linked to the offender.

He has vigorously denied the allegations, including under oath, and is fighting to maintain the name suppression.

Fangupo and Kulu imported large amounts of methamphetamine into the country between June 2017 and January 2018.

Five packages, containing 14.8 kg of methamphetamine, were intercepted at the New Zealand border. Two packages were intercepted at the United States border.

Four packages were not intercepted by officials in either country, but communications implied that they contained several kilograms of methamphetamine.

Fangupo, Kulu, Finau and Halane Ikiua were sentenced for their various roles in the scheme by Judge Mathew Downs last year.

In a ruling issued today, the Court of Appeals considered that a lower starting point was justified than that used for the Fangupo ruling.

The young man also did not receive a prior good character discount on sentencing despite having six references that included positive words from his church leaders, former employer and a high school teacher.

One church leader described him as “humble and kind.”

While Fangupo received a 10 percent discount for good prospects for rehabilitation, the sentencing judge was not persuaded to grant any prior good character discount.

He noted that these discounts are often reserved for “major criminals” who had lived an otherwise blameless life.

However, the Court of Appeal has taken a different view: “By the time a young man reaches his twenties, he is likely to have shown clear signs of his character.”

The three presiding appellate judges have deducted 15 percent from the starting point to reflect Fangupo’s prospects for rehabilitation and his former good character.

During the appeal, Fangupo’s defense attorney, Tiffany Cooper, also argued that the sentencing judge failed to properly differentiate between the roles of Kulu and her client.

She argued that Fangupo was lower in the criminal hierarchy than Kulu.

But the judges of the Court of Appeals said that all the communications showed was that Fangupo was having a difficult time controlling Kulu due to his “arrogant attitude” towards money.

“The talks do not undermine the proposition that Mr. Fangupo and Mr. Kulu played ‘complementary leadership roles’ in the company.”

The sentencing judge was entitled to conclude that there was “little material difference” in their roles, the ruling said.