Drug trafficking bosses were ‘equal partners’ but are now serving different jail terms

(From left) Tevita Fangupo, Toni Finau, Tevita Kulu and Halane Ikiua (far right) appear for sentencing in the High Court at Auckland on drugs charges in November 2019. The man second from right is a court officer. Photo / NZME

Two men who were “equal partners” in an international drug-trafficking ring, and who faced trial together, are now serving different sentences following a series of appeals.

However, the Supreme Court has turned down an application to even up the two jail terms, saying it does not see a miscarriage of justice in the way the Court of Appeal dealt with the two men.

Tevita Kulu and Tevita Fangupo were first sentenced in 2019 for importing about 20kg of methamphetamine.

Kulu was jailed for 18 years and Fangupo for 17 years, and both had to serve at least half their time with no parole.

The trial judge found they were “equal partners playing complimentary roles”. The one-year difference between the sentences came about because the judge adopted a lower starting point for Fangupo, who was convicted of one fewer importations than Kulu and faced no drug supply charges.

However, Fangulo’s term was later reduced in the Court of Appeal to 14 years and five months of imprisonment, with no parole for 40 per cent of that time.

Encouraged by Fangulo’s success, Kulu also appealed but failed to get his overall term reduced. His sentence remains at 18 years in jail, although his non-parole period has also been cut to 40 per cent.

In turning down Kulu’s bid to cut his prison sentence, the Court of Appeal acknowledged that Fangupo was “now serving a significantly more lenient sentence”.

“The guiding consideration remains the maintenance of public confidence in the administration of justice,” the Court of Appeal judges said.

“That consideration does not compel reduction of a sentence on appeal to fit better with another sentence … that on reflection, or in light of further authority, appears markedly too lenient.

“The reasonably minded independent observer may in fact consider the injustice to be the too-lenient sentence, (which would be) compounded by repetition.”

The Supreme Court this week declined Kulu’s application for leave to make a further appeal, meaning he has run out of options in a bid to get his sentence reduced.

The judges said the parity argument did not raise a matter of general or public importance.

Nor did they see any miscarriage of justice in the way the Court of Appeal addressed the issue.

The men were sentenced in November 2019 alongside two other co-defendants, Toni Finau and Halane Ikiua, for their participation in the international drug operation running between the United States and New Zealand.

Between June 2017 and January 2018, Kulu and Fangupo imported multiple packages from California.

Both men were found to have conspired to import about 20kg of methamphetamine, 27g of cocaine and to have unlawfully possessed firearms.

In addition, Kulu twice supplied 500gm of methamphetamine and three times offered to supply the drug.

He had bundles of cash totaling almost $215,000 in his apartment when he was arrested.

Prosecutors suggested during the trial that former boxing champion Joseph Parker had played a role in transporting and changing currency. In an affidavit, the heavyweight strenuously denied the allegations.