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From the Courts

Woman gets fully suspended sentence for $88,000 FB vehicle scam

Nuku'alofa, Tonga

By Linny Folau

A 29-year-old woman, Lepeka Moala, has been sentenced to 30 months’ imprisonment, fully suspended, after admitting to obtaining a total of $88,000 by false pretences in two separate incidents involving vehicle scams conducted on Facebook.

Lord Chief Justice Bishop imposed the sentence on 11 March at the Supreme Court. Moala, a first-time offender, pleaded guilty to both counts, which involved $23,000 in the first case and $65,000 in the second.

The court heard that the first complainant, Mele Tahaafe (63), and her husband Kapiteni sought to purchase vehicles in May 2022. They were referred to Sioana Havea, who claimed to represent a vehicle ordering business. Kapiteni agreed to buy a three-ton lorry and a Nissan Murano for $23,300, including customs and offloading fees.

Sioana and ‘Ahake Taufa were working for the defendant to advertise the business on Facebook. They were provided with vehicle photos and prices, and instructed to collect payments from customers, send the money to the defendant, and keep a commission.

On 16 June 2022, the complainant, her husband and their son met the agents at a café and paid $23,300 in cash. Kapiteni signed a written agreement for a Toyota Dyna truck ($15,500) and a Nissan Murano ($5,600), expected to arrive in July 2022.

The shipment was repeatedly delayed from July to September 2022. In September, the complainant was first told the vehicles had arrived, but later informed they had not been shipped and that the money had instead been sent to the defendant in Vavaʻu rather than Japan. Despite assurances the vehicles would arrive by December 2022, they never did.

A police complaint was filed on 16 February 2023. Financial records later showed the defendant mainly used BSP Bank and that no telegraphic transfer to Japan had been made. When interviewed, the defendant admitted the offending but claimed the full $23,300 had not been sent to her.

Second complainant

The second complainant, Melefusi Fisi’iahi (50), contacted a Facebook page operated by the defendant under the name “Soleil Temaleti” in October 2022 after seeing an advertisement for a Toyota Hilux.

She agreed to purchase the vehicle for $55,500 in instalments and was directed to make payments through an agent. Between October and November 2022, she paid $45,500, most of which was transferred to the defendant, with small commissions retained by intermediaries.

When the Hilux did not arrive by 25 December 2022, the complainant agreed to apply the payments toward a black Hummer advertised on the same page for $65,000. She was instructed to deposit further funds into a BSP account said to belong to the defendant’s sister and to tell the bank, if questioned, that the money was for a kava business.

The complainant made additional payments totalling $20,000, completing the $65,000. The defendant assured her the vehicle would arrive before 18 March 2023, but it never did. After repeated excuses about shipping delays, the complainant was blocked from the Facebook page.

Police interviewed the defendant on 23 December 2024. She admitted the offending, accepted responsibility and expressed remorse. She has no previous convictions.

The court was told aggravating factors included the seriousness of the offending, the significant sum involved, the breach of trust, and the defendant’s evasiveness, including blocking the second complainant after receiving the full amount.

Mitigating factors included full repayment of the money and an early guilty plea. All monies were repaid on 29 January 2026 and accepted by the complainants.

A victim impact report stated the first complainant and her husband suffered significant financial and emotional harm. The loss of $23,000, drawn from retirement funds, meant they could not obtain vehicles needed for transportation and managing a plantation in Longomapu, Vavaʻu. The husband remained in Tonga trying to resolve the matter, resulting in the loss of approximately 800 kava plants. The complainant returned to work at age 63 to support their living expenses.

The second complainant also experienced financial uncertainty and emotional distress. The $65,000, sourced from her business and contributions from her children, had been intended to purchase a Hummer as a gift for her daughter’s 21st birthday.

In sentencing, the Lord Chief Justice said the offending involved deliberate and premeditated deception using social media and a clear breach of trust, affecting two complainants and significant sums of money.

“Offending of this nature undermines trust in commercial dealings and causes significant hardship to victims. The court must therefore ensure that the sentence imposed properly reflects denunciation, deterrence and accountability, whilst also properly considering the circumstances of the defendant herself and the possibility of rehabilitation.”

He noted the defendant’s remorse, lack of prior convictions, and strong family support, as well as the fact her family sold land to repay the complainants.

“It is also of significant note that the defendant’s family sold their family land to repay the monies owed to the complainants.

“In the circumstances that all monies owed to the complainants have been repaid and accepted by the complainants, I am satisfied despite the Crown’s submissions that it is just about possible in those circumstances to suspend the whole of the sentence on conditions. I do not impose this lightly, especially given the ordeal this put the complainants through.

“Any deviation, further offending or breach of the conditions that I impose on your suspended sentence today will result in immediate imprisonment and activation of the entire sentence.”

Moala was sentenced to 30 months’ imprisonment, fully suspended for three years on conditions.