By Linny Folau
‘Ofa Tokelau obtained $17,000 pa’anga by false pretences from a complainant who thought she was ordering a vehicle from Japan, which never arrived.
Justice Paul Garlick found the scammer guilty of a false pretences charge on 6 June in the Supreme Court, Nuku’alofa.
On 2 September 2022 in Sopu, Tokelau obtained the money from Ms Elisi Sikulu by pretending that he would order a red Toyota Dyna Double Cab motor vehicle for her.
The complanaint, a weaver by occupation, told the court she made payments of $1000 every Friday, according to an agreement. The defendant offered her a discounted price of $25,000 and she would have to deposit sums weekly, up to half the amount, before the vehicle was delivered. She chose the vehicle from images shown to her by the accused. When she paid the deposits he gave her a receipt.
The agreement was made on 5 September 2022, when she deposited $6,000 with him. He then told her that by Christmas the vehicle would be here. The vehicle did not arrive in Tonga by Christmas and she did not rget her money back, the court heard.
After continuous enquiring and failure, she referred the matter to her brother in law, Lisiate Sikulu, while she returned to Ha’apai.
Lisiate in his evidence confirmed the agreement between the two contained all the information regarding purchasing the vehicle. Elisi verbally informed him that it had been agreed that the vehicle would arrive in Tonga within four months.
Lisiate told the court that he had a conversation with the defendant before the complaint was made to the police. He spoke to the defendant more than once and was not satisfied with his answers and that is why he filed the complaint in early 2024.
The judge stated that after having considered all the evidence (including the exhibits produced by the parties) he found as facts; that in the course of dealing with Elisi between 2-5 September 2022, the defendant represented to Elisi that he would order the vehicle and that it would be delivered to her in Tonga from Japan within four months.
At the time that the defendant made those representations, he had no such fixed intention to order the vehicle, nor did he believe that the vehicle would be delivered to Elisi within four months. By making those representations, the defendant intended to deceive Elisi and by making those representations, the defendant obtained the sum of $17,000, he stated.
"Accordingly, I find the prosecution has proved its case against the defendant on the single count that he faced.”
He found the defendant guilty of the offence of obtaining the sum of $17,000 from Elisi by false pretences.
Tokelau awaits sentencing.
