Tonga Soane (57) was sentenced to 16-months imprisonment after being convicted of uttering counterfeit currency, which amounted to $500 pa’anga at different venues in December 2019.

He is the sole operator and manager of 'Loving Heart of Good Samaritan Centre' in Tongatapu.

Lord Chief Justice Whitten QC sentenced him on April 1, after finding him guilty on three counts in February this year. He gave out counterfeit money to a petrol station, a bartender and a taxi driver on the evening of December 6 and the early hours of December 7, 2019. The denominations involved were $50 and $100 notes.

The Chief Justice, said the defendant had later paid each of the complainants the same amounts in genuine currency.

“He told police he wished to do so because he did not want any debts to anyone. That explanation belied his apparent defence at trial that all the notes he gave on the night in question were genuine,” he said.

Offending

The defendant who emigrated with his family to New Zealand was deported to Tonga, after he served five-years imprisonment for a rape conviction in the early 1990s. In 1999, he was convicted of theft and sentenced to three-years imprisonment.

Following his release, he became involved in the 'Loving Heart of Good Samaritan Centre', a charity which was originally designed to support hospital patients and prisoners and has more recently been devoted to helping the elderly and disabled. Through a process of attrition, the defendant had ended up being the sole operator and manager of the centre. His main source of income was selling food and fruits throughout Tongatapu and earned an average of $1,000 per week which he spent mostly on his elderly clients and other operating expenses including the salaries of four employees.

In relation to this offending, the probation officer reported that the defendant accepted the Court's decision but still maintained his innocence. He asked the Court for leniency and mercy mainly because of the needs of the elderly persons who depended on him.

“He has not shown any remorse, nor does he regret what he did. This offending which was pre-meditated and planned by the defendant was driven entirely by greed,” said the Chief Justice.

"There is no suggestion that any of the counterfeit currency was intended for use in supporting his charitable centre. On the night in question, he used it entirely for his own pleasure including the quite ridiculous indulgence of hiring a taxi to drive him around Tongatapu in the middle of the night."

“While a fourth count in the indictment was ultimately withdrawn by the Crown, due to its inability to locate the taxi driver who was the subject of that count, and who has since emigrated to New Zealand, it is notable that the background narrative to the Crown's case in that regard included the defendant paying the taxi driver $300 to drink alcohol with him during the drive.”

The Chief Justice then set the starting point for sentencing at two-years imprisonment. This was due to the seriousness of the offending, the fact that the currency was used to fuel a night out of indulgence at a number of different venues, the hapless attempts by the defendant to persuade police of his innocence when interviewed by giving accounts, which ultimately contradicted themselves and the lack of remorse, among others.

“This was reduced by eight-months due to his long period free of criminal activity, his charitable works and his compensation to the complainants. However, full suspension in a case such as this will not serve the particularly important sentencing objective of specific and general deterrence,” said the Chief Justice.

The defendant then received a concurrent sentence of 16-months imprisonment in total. The final four-months was suspended after considering his long period free of criminal activity and the hope that his dedication to charitable work and those who depend on him, would be sufficient impetus for him to embrace any opportunity for rehabilitation.

Upon release, he will be placed on probation for 12-months and he must take up life skills or other courses appropriate, said the Chief Justice.

The counterfeit currency was ordered to be destroyed.