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Police Sergeant gets suspended sentence for forgery [1]

Nuku'alofa, Tonga

Monday, August 26, 2019 - 18:29

 
Malia Kolokiloloma Fanua was sentenced to three years imprisonment, which was fully suspended, for forging her exam result while studying at the University of the South Pacific Tonga campus in 2017.
 
After a trial at the Supreme Court on June 26, she was found guilty on four counts of forgery and two for knowingly dealing with a forged document.

Hon Mr Justice Laki Niu during sentencing on August 20, said the accused had shamed not only herself but also her family and the Tonga Police. 

“Your crime is serious. You know it. It deserves imprisonment for three years, but as it is your first offence and knowing that you will not re-offend in future, I will suspend it for two years, on conditions,” he said.

The Court heard, the accused was studying for a Bachelor of Arts, when she forged her exam results to show that she had B+ for the subject Legislation whereas she had only a C for it.

She also made false documents for other subjects, that included an A for Court and Dispute Resolution, whereas she had only a C for it, a B+ for Legal Ethics where she had only a C and finally a B for Tourism in Less Developed Countries, where she had only a C for it as well.

The judge, said she did not need to do this because she already had a C for all those subjects and that showed she had passed them all. That was all she was required to achieve in order that her liability she had to repay the money, which had been paid by the Tonga Police to the USP as the fees for her to have taken if those subjects are cancelled. 


In addition, the accused thought she needed to do it so that her superior officers, and in particular, the Commissioner of Police, may thereby be convinced that she was of outstanding capability 
was deserving of promotion and appointment to a higher position with a higher commensurate salary.

“That is what is most serious about what you have done. You did it for your own personal benefit. You did not stop to think that it was dishonest and improper for anyone to do such a thing and more importantly, that you would not be able to do the job of a higher position because you did not and you do not have the capability to be able to do it properly, because you do not have the proper qualification to do it.”

Suspension

Meanwhile, Prosecution submitted there were only two mitigating factors in the accused's favour; namely, that she was a first time offender and was unlikely to re-offend. 

Against that, the Prosecution said the accused had not been remorseful, her offence was pre-meditated, very serious and a severe breach of trust.

The accused has been a police officer for 21-years and was a police prosecutor and that her offence has undermined the core values of the Tonga Police, namely, integrity, honesty, justice and upholding of the rule of law.

Her acts has embarrassed the Tonga Police in the eyes of the Australian and New Zealand governments who have funded the studies of the members of the Tonga Police and of the University of the South Pacific because of what the accused has done, submitted Prosecution.

During trial, evidence revealed that Australia and New Zealand gave aid to Tonga Police to further the studies of Tonga Police members by attending and completing subjects at the (USP) Campus in Tongatapu.

To obtain the fund, the member signed a promissory note to repay the fund to Tonga Police if he/she failed to pass or complete the subjects and attached an invoice from USP for the costs of the subject or subjects for which funding was being sought.

Suspension

The judge supported the recommendation of a suspended sentence by the probation officer.

He said the criteria for suspension of the accused sentence of imprisonment in full were present in her case, as she had no previous conviction and is unlikely to re-offend.

The sentences are served concurrently and suspended for two-years on conditions.

She was then ordered to serve 60 hours of community service and must not commit another offence punishable with imprisonment within the period of this suspension.

“If conditions are breached during the period of suspension, all the above imprisonment sentences are expunged,” he said.

Tonga [2]
forgery [3]
police offences [4]
Malia Kolokiloloma Fanua [5]
From the Courts [6]

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Source URL:https://matangitonga.to/2019/08/26/police-sergeant-gets-suspended-sentence-forgery

Links
[1] https://matangitonga.to/2019/08/26/police-sergeant-gets-suspended-sentence-forgery [2] https://matangitonga.to/tag/tonga?page=1 [3] https://matangitonga.to/tag/forgery?page=1 [4] https://matangitonga.to/tag/police-offences?page=1 [5] https://matangitonga.to/tag/malia-kolokiloloma-fanua?page=1 [6] https://matangitonga.to/topic/courts?page=1