By Linny Folau

Seinivunga Lafo’ou (30) was sentenced to 20-months imprisonment, partially suspended, for forgery and theft of around $34,000 from her employer, National Rugby League Tonga, taken from their bank account in 46 systematic unauthorised withdrawals over 13-months.

Acting Lord Chief Justice Tupou sentenced her on 13 October at the Supreme Court in Nuku’alofa, after she pleaded guilty to the two charges. 

The offence was in 2021, when the National Rugby League (NRL) office created an account with the Bank of the South Pacific Limited Tonga in the name of Tavake Fangupo.

Mr. Fangupo is the Country Manager of the NRL Tonga Community Outreach Program. While, the defendant was employed at the NRL head office situated at Ma'ufanga. The debit card for the relevant account was locked in the defendant's office. The pin number for the debit card was known only to Mr. Fangupo and the defendant.

In December 2022, when Mr. Fangupo went to pay the office rent, he discovered he could not make the payment due to insufficient funds in the account. He enquired at the bank and received a bank statement revealing withdrawals from various ATM machines in the Nuku'alofa and Ma'ufanga area between the months of October 2021 to November 2022 amounting to $34,000. Mr. Fangupo contacted the defendant to meet him to talk.

On 2 December 2022, the defendant gave Mr. Fangupo a letter, supposedly from Ms 'Amelia 'Asi, her co-worker, admitting to withdrawing the money.

A few days later, on 6 December, the defendant told the complainant she would take the blame for the offending to prevent 'Amelia from going to prison because of her children.

 On 14 December 2022, Mr. Fangupo met with 'Amelia who admitted responsibility for one withdrawal at the directions of the defendant. She confirmed to Mr. Fangupo that she did not give the defendant a confession letter for the withdrawals. 

Mr. Fangupo lodged a complaint about the missing funds with the police, on 15 December, 2022.

Then on 6 January 2023, 'Amelia in a statement to the Police said that on 15 November 2022, the defendant instructed her to withdraw $750 from the material account to pay the defendant's loan. 'Amelia made the withdrawal at the Cowley Bakery ATM machine and then put the receipt and the debit card in the defendant's drawer.

“On the same day the Police arrested the defendant. When interviewed, she admitted to withdrawing the money from the relevant account starting from October 2021 to November 2022. She used the money to pay her father's loan and for her own personal needs. She apparently intended to pay it back.

“At the same time, the defendant admitted to directing Ms. 'Asi to make the withdrawal she made as well as preparing a confession letter and signing off as Ms. 'Asi and presenting it to the complainant. She said she did that because she was afraid of admitting her actions to the complainant because he trusted her. She admitted she had no right to the money she withdrew.”

The Crown submitted the aggravating features to be the seriousness of the offence; the substantial amount of money that was stolen, being $34,000; the breach of trust; the offending was calculated and pre-meditated and the framing of a co-worker for the crime, her guilty plea, albeit late.

Mitigating factors included having no previous conviction and was willing to pay the $34,000..

Forged to blame co-worker

Meanwhile, the maximum statutory penalties for theft and forgery is 7-years imprisonment respectively. She accepted the Crown's proposition that the headcount is the theft.

“The present offending involved 46 systematic unauthorised withdrawals over a period of 13-months with the last withdrawal made just two days before the complainant discovered she could not pay the office rent from the account. Once her offending was detected, the defendant’s first reaction was to deflect the blame to a co-worker, whom she had instructed to make one unauthorised withdrawal for her. Then forged a letter from that co-worker to absorb the blame. The criminality is further aggravated, by the fact the funds stolen were a grant from the Government of Australia for the development of NRL in Tonga, thereby extending the theft to the generosity of that country and the Tongan youth in NRL for whom the grants were intended.” 

She said the court has previously held unusual circumstances that render imprisonment necessary in property offences, the existence of the following factors: premeditation, carefully planned and co-ordinated and exploitation of another to commit the offending at offender's behest, the offending being a major, carefully planned operation, demonstrated by offenders arming themselves with the necessary equipment and vehicle, selecting premises known to have quantity of goods and removal of large quantity of goods that it can only be regarded as a commercial operation for profit.

“In the present case, it can be said that the elements in (a), (c) and (d) exist and I am therefore satisfied that imprisonment is expected. Having said that, I adopt the position in lka and the opinion of the court set out at paragraph 13(a) above and being mindful that the duty of the court is to sentence in the public interests and to protect individuals including organizations such as NRL. For that reason, I am unable to fully suspend the sentence I impose.

“Accordingly, having regard to the maximum statutory penalty, the seriousness of the offending, the principles above and that of deterrence, denunciation and condemnation of these types of offending, I set a starting point of 3-years imprisonment for the theft and 9-months for the forgery,” she said.

At the same time, the A/LCJ considered the defendant's positive attributes, including the support from her family.

“Notwithstanding that, she continues via her counsel's submissions to distance herself from her actions by insisting she is unable to confirm the full amount she withdrew, demonstrating, at least in my view a lack of remorse. However, this has not aggravated my view against her entitlement to some suspension in light of the full compensation made.”

Paid back

Meanwhile, the defense submitted that she is a first-time offender and has a good record, is young, single and has her whole life ahead of her; and had  expressed remorse to Mr. Tavake Fangupo and has paid $34,000 in full to the NRL Tonga.

The A/LCJ said the defendant is neither old nor young, but this is her first offending and she cooperated with the authorities.

“I believe that she will respond positively to a partly suspended sentence and use the opportunity for rehabilitation."

She was then sentenced to 20-months imprisonment with the final 12-months suspended for two-years from the date of her release from prison, on conditions. This means that she is now serving eight-months in prison. She was also given credit for any time spent in custody on remand for these charges.

Failure to comply with those conditions may result in the suspension being rescinded and the defendant being required to serve the balance of her prison term, said the A/LCJ.