By Linny Folau
Heilala Finau (23) is serving one year and three months in prison for obtaining $18,300 from a mother and her two daughters in a web of deception and lies.
The accused deceived her victims that she was working for MEIDECC handling government aid to support communities in providing housing and that she would help them in their application.
Justice Tupou sentenced her on 9 July at the Supreme Court in Nuku’alofa. This was after she pleaded guilty in May to three counts that she committed against Mafi Taukafa and her daughters Malanata Havea and Elisepa Takitaki.
For count one, she obtained $12,500 from Malanata Havea under pretence that the money was to secure and build a house in Folaha via government housing assistance, which was false. On the second, she obtained $5,000 from Elisepa Takitaki under pretence the money was to secure and build a house in Lomaiviti via government housing assistance.
Her deception in the third count she obtained $800 from Mafi Taukafa, when she told her that she was the clerk for the CEO of MEIDECC (Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change and Communications) and that she would process her application for housing assistance, which was false.
In January 2024, Mafi Taukafa was selling pandanus and other goods at the Talamahu Market when she entered into a casual conversation with the defendant, whom she did not know.
The defendant told Mafi that her name was Makitalena Finau and she was a clerk for the CEO of MEIDECC. Mafi asked if MEIDECC was the responsible Ministry dealing with aid for water tanks and the defendant confirmed that MEIDECC was responsible for that as well as financial assistance for housing.
Mafi explained that she had applied for housing assistance from the Ministry of Infrastructure but found out their focus was in Ha’apai and she was not sure, when that focus would return to Tongatapu. The defendant assured Mafi that the housing assistance project was now with MEIDECC. Mafi explained her application was in her son Lotima Kalu’s name. The defendant promised to check the status of the application and said she would complete the forms again if it was not there.
The defendant then made a telephone call where Mafi overheard her say,“I have a friend here who can get me money to sort out your thing." She then asked Mafi for $200 and said she would return her money on Thursday that week. Mafi asked the defendant to transfer the application to her daughter, Malanata’s name. The defendant said she would find out what was required and update her. She then frequented the market to see Mafi and requested money from her totaling $800 for various reasons.
On the second count, Mafi went and told Malanata Havea that she was going to help with their application for housing. From the month of January up until 21 February, the defendant obtained a total of $12,500 from Malanata pretending that; $400 was to pay a man at the Ministry of Lands, relating to Malanata’s land; $1,600 to clear space for the construction of Malanata’s house; $2,000 as security to begin construction of Malanata's house; $500 for the defendant’s airfare to New Zealand and $8,000 as estimation fee for construction.
The $8,000 was raised by a loan. On 21 February, the loan was approved. The defendant attended Malanata’s home to collect the money and then asked to be dropped off at the Prime Minister’s Office pretending she did not turn her work computer off.
In the third count and still in the process of the Malanata’s dealings with the defendant, she met the defendant outside the bank where the defendant mentioned she was obtaining a bank statement to help secure a house for Elisepa. Another time, the defendant asked for more money and told Malanata that her salary was used to pay off ‘Elisepa’s house.
As a result, Malanata told her sister Elisepa about the defendant and the house mentioned. Elisepa was interested and asked Malanata to pay the defendant the $200 required to register her name for the house. Next, the defendant called Elisepa and said she just finished a meeting where it was confirmed that an extra house was available. Elisepa said she was interested.
The judge stated that Elisepa then called her husband, who was in Australia at the time, and told him about the available house promised by the defendant. Her husband told her to go to his aunt at Lomaiviti to allocate a suitable piece of land for the construction.
The defendant, Mafi, Malanata, Elisepa and one Manase Tafea went to Folaha to identify the piece of land for Malanata and then to Lomaiviti to identify the land for Elisepa. On their return, the defendant told Elisepa that the cost of sub-dividing the land was $8,000 but her uncle at the Ministry of Lands would do it for $3,000. Elisepa said she only had $1,300. The defendant said she would take that amount.
Later, the defendant required $3,000 for land estimation. Elisepa did not have the full amount but gave the defendant $1,800. The defendant’s last request was for $300 for her CEO’s farewell and Valentine’s Day gift. Elisepa only had $200 that the defendant took.
Suspicious
The judge stated that over time, Malanata and Mafi became suspicious and they visited the offices of MEIDECC and found out that no one by the name Makitalena worked there.They immediately knew something was not right and lodged a complaint with the police. The defendant was arrested on 10 September, 2024.
The Crown submitted the aggravating features of the offending were; the substantial amount of money obtained; the number of times she met the complainants and fabricated a new lie; breach of trust; the need for Malanata’s family to take out a loan and her deceptive and dishonest conduct. Mitigating features was her early guilty plea, being a first-time offender and her remorse.
The Malanata family suffered financial hardship due to this deception, As for the defendant, the Pre-Sentence Report stated that she lives at Ngele’ia and was employed by Tonga Communications Corporation.
According to the defendant, she often served kava at the Kava Club at Vaololoa Police Station and became friendly with a police officer Siale. She blamed officer Siale for her offending.
She claimed that he was the one in need of money and would ask her for money to pay off his debts. She also claimed $10,000 of the monies she obtained was given to him, and he promised to pay it back. In March, 2024, she found out that he and his family had left for New Zealand. She filed a complaint against Siale but the case was closed for a lack of evidence.
The defendant admitted she used $5,000 for personal expenses, while $1,500 was given to Hengihengi and some sent to her parents in Vava’u. It was agreed that the money had largely been repaid with an outstanding balance of $2,720. The report ranked her as low risk in re-offending and acknowledged her remorse.
Justice Tupou said: “In this instant, the level of deception exhibited by the defendant at 23, is repulsive. On her own account, it appears she already owes a co-worker at TCC money as well. As for shifting the blame to a police officer Siale, who seems to have conveniently left the country, I find it more likely a made up story like the rest that trapped her victims in this offending.
The total figure involved is $18,300, evidently, a substantive amount for the complainants earned through selling goods at Talamahu market, committing to a loan and money earned at the cost of leaving a family behind to work abroad.”
The judge sentenced Heilala Finau to two years and nine months imprisonment with the final 18 months of the sentence suspended for two years on conditions. Failure to comply with those conditions may result in the suspension being rescinded and the defendant will be required to serve the balance of his sentence.
She is now serving one year and six months in prison.
