Siutaisa To’ia (27) received suspended sentence for 13 counts, including forgery and obtaining money by false pretenses, totalling at $35,000 from her father’s bank account in December 2021 to January 2022, in Nuku'alofa.

The offending was against her father Mr. Tutoe of Tungua, Ha’apai, who held an account with the Tonga Development Bank.

Hon. Justice P. Tupou KC sentenced her on 28 February at the Supreme Court.

She pleaded guilty to six counts of forgery, six counts of knowingly dealing with forged documents and one count of obtaining money by false presences in October, 2022. She did this by signing a withdrawal with the intention to deceive the bank and made false documents by preparing an authorization letter in the name of her father authorizing herself.

The judge said, in July, 2020, Mr. Tutoe who lives in Ha'apai left his bank account with the defendant and authorized her to withdraw $2,500 from his account. In February, 2022 he found out from his daughter who lives in Nuku'alofa, that she had used up all of the money held in his account.

Mr. Tutoe called the bank to confirm and discovered it was true. The bank summoned a special internal audit which uncovered the forged withdrawal slips, letters of authorization and withdrawals totalling $35,000 between December, 2021 to 31 January, 2022.

The auditor recommended the Bank to repay the entire $35,000 to Mr. Tutoe because the bank was partially responsible for not following bank policies on withdrawals. The matter was then referred to the police and the charges were laid against the defendant.

The Crown submitted the aggravating factors included the grave breach of trust given the money obtained belonged to her father, the seriousness of these offences, among others.

Chance to change

The judge said, a victim impact report explained that Mr. Tutoe's living is by being a middle man for fishermen in Ha'apai to the Tongatapu market. The money in his account were his savings for a rainy day and emergencies.

"That day came when Hunga Tonga-Hunga Ha'apai erupted. The ensuing tsunami destroyed his boat along with his means of a living. He called the Tonga Development Bank to enquire about his account and was informed there was nothing in it. He soon found out it was withdrawn by his daughter."

He said he was very hurt. But his daughter had apologized to him and he has since forgiven her and asked on her behalf for mercy and a lenient sentence. He also confirmed that his daughter's husband had a serious illicit drug problem and his money was used to fuel their illegal drug use.

She had separated from him and he was now providing for her and her children. At the time of the offending, the defendant was married with a child.

“The defendant has no previous records, pleaded guilty at first opportunity and cooperated with the authorities. I accept some degree of coercion from her husband played a part in her activities. When this matter was last called on 18 January, 2023, the bank's position not to repay Mr. To'ia was confirmed.

“The defendant told me in court that she intended to repay her father the money she took. She is now a solo parent to her four young children, all under the age of five,” said the judge.

"A custodial sentence will leave those children without a parent for those vulnerable but critical years of their life. That would create an unforgiving environment for them."

The judge also factored in the father's forgiveness and plea for mercy on her behalf and for those reasons was prepared to fully suspend the defendant's sentence for two-years on conditions.

"I do so with the expectation that the defendant will consider herself fortunate. That she would use this opportunity to fully rehabilitate herself to be the mother her children need and provide a safe, happy and loving environment that will present them as good standing citizens in the future.”

The judge was also satisfied that the offences were committed over a month against the one account as they were closely connected and should be regarded as one course of criminal activity, with the sentences for counts 1-12 is to be served concurrent to count 13.

The defendant was then sentenced to one-year and eight months imprisonment, fully suspended for two-years on conditions.

"Failure to comply with any of those conditions may result in the suspension being rescinded, in which case, the defendant may be required to serve the balance of her sentence."