Suspended sentence for thief [1]
Monday, November 11, 2019 - 18:28
A 30-year-old man received a fully suspended sentence for theft when he used pre-signed withdrawal slips and withdrew money from his customary adopted father’s account, at Tonga Development Bank.
Hon Mr Justice Cato on November 1, at the Supreme Court sentenced Sailosi Vea Finau to 18-months imprisonment, which was fully suspended on conditions.
The suspension was due to mitigating factors such his guilty plea, no previous conviction and remorse.
The prosecution's case was that on June 14, 2016, the complainant (bank) received a letter from Fanua, who is the holder of the bank account. The accused is customarily his adopted son.
ln Fanua's letter, he informed the bank that he authorised the accused to withdraw $350 from his account.
On July 3, 2016 Fanua again wrote to the bank to only allow the accused to withdraw a maximum of $200 on a fortnightly basis.
He further instructed to invalidate any pre-signed withdrawal forms that he had signed that was to be effective as of July 3, 2016. This letter was signed by Fanua and the accused.
The audit report showed on five different occasions, between July-August 2016, the accused used pre-signed withdrawal forms signed by Fanua to make a withdrawal of $1,000.
In conclusion, the audit confirmed that on another 19 different occasions between the July 2017 to January 2018, the accused unlawfully withdrew money, which totalled to $$11,044 pa'anga from this account.
The bank has since reimbursed Fanua of this amount.
The judge in suspending the sentence, ordered the accused not to commit any offence punishable by imprisonment.
He was placed on probation to live where directed; must not to drink alcohol and undergo a drug and alcohol rehabilitation course under the direction of Probation and the Salvation Army.
In addition, the accused was warned that if he breach any of these conditions, he will be brought back to court for re-sentence.