By Linny Folau

Fakanonoa Fonua (42) of Fo’ui was sentenced to two-years five-months imprisonment (29-months) for serious fraudulent conversion of fuel valued at $27,493.87, from a petrol station in Kolomotu’a.

Hon. Justice Cooper sentenced him on 21 September at the Supreme Court in Nuku’alofa, after he pleaded guilty the month before.

The offending was that around September and October 2022, at Telekava, Kolomotu'a, The accused supervised the fuel (petroleum and diesel) at the Matavai Mo'ui Gas Station, where he fraudulently converted to his own benefit fuel with a total value of $27,493.87 when he supplied that fuel to others without returning the payments to the gas station.

On 16 December 2022, he telephoned the owner of the petrol station, Sam Lala, and told him fuel was missing from the storage tanks.

The judge said Mr. Lala discovered that a total of 1,275 litres of petroleum and 875 litres of diesel, making a total of 2,150 litres. That equated to fuel to the value of some $8,296.25.

He was suspicious how this could happen. It was too large a quantity to go missing suddenly, Mr. Fonua was in charge of the pumps, and he slept at the gas station overnight.

On 3 October, Mr. Lala confronted the defendant, who admitted he had been lying and said he was responsible, putting the amount taken at 2,150 litres. Mr. Lala re-checked the meters and found what Mr. Fonua had initially reported to him was untrue; far more had, in fact, been taken. The true value of what had been taken was more than three times what he had at first been led to believe and amounting to an extra $19,197.62.

Mr. Fonua finally admitted what he had done. He asked for forgiveness and time to repay. However only $902.40 was repaid by the defendant's mother on 4 September, the judge said.

Cruel betrayal

“A full impact statement from Mr. and Mrs. Lala is before me. The impact on them both of this offending was substantial. They had their trust in Mr. Fonua cruelly betrayed. They had even provided him with a vehicle and a fuel allowance, as well as the support they provide all their employees,” said the judge.

“With only about $900 repaid, Mr. Fonua's assurances of giving them the money to cover what he did were empty and he has hurt them financially both at home and with their business and their future security in retirement.”

Meanwhile, the aggravating factors included the breach of a position of trust, continued lying to the victim of amount taken, previous like convictions and the impact on Mr. and Mrs Lala's business and also their lives and their wider family were vast and included their needing to use retirement funds to make up for what he Mr. Fonua stole.

No suspension

The judge concluded a starting point of  three years was appropriate, which he increased to three and a half-years on account of the aggravating factors (ii), (iii) and (iv).

“The comparable sentences involved breach of trust and there is scope for 'double counting' if his sentence is further increased for that feature of the offending.Therefore, that makes 42-months. I reduce that by 13-months (30 % discount) for his early guilty plea, which makes 29-months,” he said.

“Here Mr. Fonua is not particularly young, he is 42 years old .He tried to trick his Probation Officer. Through his previous offending, the instant offence and his conduct with probation he shows no remorse, rather the will to continue to cheat those around him whenever he can.

“I therefore decline to suspend any part of his sentence.”

The judge sentenced the accused to a term of 29-months imprisonment.