Lavulavu couple guilty of over $500,000 fraud [1]
Friday, June 4, 2021 - 15:09. Updated on Friday, June 4, 2021 - 23:22.
By Linny Folau
Cabinet Minister and People’s Representative to Parliament, ‘Akosita Lavulavu and her husband, ‘Etuate Lavulavu, a former Cabinet Minister, were both found guilty this morning on criminal charges of obtaining over $500,000 pa'anga by false pretences. They will be sentenced on July 2.
Hon. Mr Justice Cooper convicted the two accused at the Nuku'alofa Supreme Court today, after three weeks of trial which started on April 12.
They are on bail to be sentenced on July 2.
It is one of the largest fraud cases in the Tongan courts in recent years, but it appears likely that 'Akosita will remain in her Ministerial role until she is sentenced.
Falsified student numbers for grants
The defendants were convicted on three joint counts of obtaining the money by false pretences, relating to a number of irregularities in an audit at the ‘Unuaki ‘o Tonga Royal Institute (UTRI).
UTRI is private education institution, which they owned and operated. As husband and wife, they had also attended events together to promote the institute and encourage enrolment of prospective students.
Particulars of the defendants' offences were that:
- on May 29, 2014 they obtained $146,400 by false pretence from the Ministry of Education and Training, when they applied for funds from the Technical Vocational Educational Training Grant that there were 255 students at the institute for semester 1 of 2013;
- on November 18, 2014 they obtained $249,600 by false pretence in an application to the Ministry of Education's Technical Vocational Educational Training Grant, that there were 416 students at the institute for semester 2 of 2014, knowing it was false;
- on June 29, 2015 they got $162,600 by false pretence from the Ministry's same grant, when they applied for funds for 271 students at the institute for semester 1 of 2015.
During the trial, it was revealed that 'Akosita applied for all the grants, and 'Etuate was working alongside her.
They effectively applied together and falsified the number of students enrolled at the institution in order to gain more grant money from Government, through the Ministry of Education and Training's Technical Vocational Educational Training Grant.
Delays
Meanwhile during the trial, the defendants attempted to strike out the case, when they applied that there was no case to answer.
Hon. Mr Justice Cooper rejected this application, ruling that there was a criminal case to answer against both of them on all three counts.
'Etuate then again attempted to remove the judge from presiding over their trial, in an application claiming that he undermined its fairness.
The judge rejected this application, ruling there was nothing in his conduct of the case or approach to the evidence or dealing with the parties that triggered any proper founded concern, let alone a real complaint.
'Etuate represented himself, while William Edwards acted for ‘Akosita.
The Crown was represented by the Director of Public Prosecutions, James Lutui assisted by Tevita 'Aho.
A written judgment will be released later.
High ranking convictions
Another high ranking official recommended by the Tu'i'onetoa government, was recently tried in the Supreme Court on a different offence. The Governor of Ha'apai, Viliami Manuopangai Hingano (46) was convicted and fined $12,500 pa’anga on May 20, for unlawful possession of 198kg of turtle meat seized at Queen Salote wharf in 2020. He remains in office pending an appeal.