Former Reserve Bank officer gets suspended sentence for serious fraud [1]
Wednesday, May 22, 2019 - 18:27
Mele Tokilupe Hausia (24) received a two-year suspended sentence for three charges, including forging a Government bond to support a visa application to New Zealand in 2017.
Lord Chief Justice O.G. Paulsen during sentencing on May 21, at the Supreme Court said the accused had pleaded guilty to forgery, knowingly dealing with forged documents and obtaining money by false pretenses.
The complainant was National Reserve Bank of Tonga (NRBT).
The accused, a former employee held the position of Senior Exchange Control Officer at NRBT, until her employment was terminated due to her offending.
The court was told that In August 2017, a person called 'Etivise Tatafu approached the accused seeking her help to apply for a New Zealand visitor's visa for her younger sister Meliame Tatafu.
The accused requested $2,500 pa'anga from 'Etivise, telling her that the money was to be used as evidence to show financial support for the visa application. Another sister, Minola Pousima took the money to the accused at the NRBT and was given a letter dated January 9, 2018.
The Chief Justice said the letter stated that a Government bond was registered in the name of Meliame Tatafu in the amount of$2,500 with a 13% interest rate and that it would mature on February 5, 2018.
"When Minola sought to redeem the bond an investigation revealed that there was no bond registered under Meliame’s name and that the letter of January 9 was forged."
The judge said It is understood the money received by the accused had been repaid, except for an amount of approximately $800 (the Prosecution said $850) which was an amount that the accused spent on an airfare for Meliame that was wasted because her visa was unsuccessful.
Serious offending
The Court heard that the accused is a mother of five and since she lost her employment had obtained other employment and works two jobs, earning the trust of her new employers.
“She is a first time offender who has taken responsibility for the offending by entering guilty pleas and is remorseful and have learned her lesson.”
The Chief Justice said against this background the only possible explanation for the offending is that the accused allowed her greed and ego get the better of her.
The Prosecution highlighted the seriousness of the offences, that the offending was premeditated and she breached the trust imposed in her by the NRBT and also by 'Etivise.
“In mitigation, it is accepted that the accused is entitled to credit for her guilty pleas, that most of the money taken has been repaid,” he said.
"The lead offence is forgery. I consider the accused’s offending was audacious. It is a most serious matter for an employee of the NRBT to forge official documents.”
He then set the starting point on the charge of forgery to three-years imprisonment.
But after giving the accused credit for the repaid money, good record and guilty plea, she was sentenced to two-years, which is served concurrently with the two other charges.
No bond
Meanwhile, the defense counsel submitted that the $800 that has not been repaid was spent on the airticket and not for the accused personally and that 'Etivise should take steps to recover that through the Courts.
"I cannot agree. The bond was required to support the visa application. In fact there was never a genuine bond. The accused must have intended either to submit a fraudulent visa application or submit the application without the bond thereby deceiving 'Etivise as to the need for a bond."
“It is hard to imagine that had the facts been known to 'Etivise or Meliame that the air ticket would have been purchased. The accused should bear the entire cost of her dishonesty,” said the Chief Justice.
He then fully suspended her sentence on conditions that includes, she not commit any offence and to carry out community work, among others. Failure to abide will see her serve her full sentence.
The accused was also ordered to pay $800 compensation to 'Etivise, within two months.
“I have given her time to pay reflecting the fact that I understand she has financial commitments and may suffer some reduced earnings due to the performance of community work. The accused is warned that should she fail to pay the compensation as ordered she may be imprisoned for a period of up to three months."