By Linny Folau

Amy Leger (35) who worked as a nanny for the King’s niece and her family received a suspended sentence for three counts of forgery and one of theft when over three months in 2023, she withdrew a total of $10,000 pa'anga by using her employer's pre-signed blank cheques without authorisation.

Justice Tupou sentenced her on 25 June to 18 months imprisonment, which was fully suspended on conditions, at the Supreme Court in Nuku’alofa. This was after she pleaded guilty to the four counts earlier in April.

The defendant was previously employed by Mr. Sione Filipe Jr. and Hon. Frederica Filipe, as their son’s nanny. While she was employed the defendant withdrew money from World Resources Company Ltd's cheque account in three different occasions in the amount of $3,000 on 25 August, $4,000 on 20 September and $3,000 on 5 October, 2023.

The judge said the cheques had been blank cheques pre-signed by Hon. Frederica Filipe. Without authorisation from the company or her employers, the defendant simply inserted the said amounts presented the cheques at the Bank of the South Pacific on the respective dates and received the proceeds. A complaint was lodged on behalf of Mr. Filipe and the defendant was arrested on 29 September, 2024.

“Here, the Crown submitted the aggravating features were the seriousness of the offence, the frequency and duration of the offending, the substantive financial loss to her employers and breach of her position of trust. Her mitigating factors included her early guilty plea, being a first time offender, her cooperation with the police and she was remorseful for her conduct.”

In a Pre-Sentence Report, the defendant who is now unemployed, stated that she used the money for their children’s needs but in light of her guilty plea, the Probation Officer was not convinced of her version of the offending. When the missing money was discovered, the defendant apologised to Hon. Frederica Filipe who forgave her but said the money belonged to Mr. Filipe.

“However, she agreed that she may work to repay what she owed the company. She has repaid $1,000,” stated the judge. 

“The probation officer rated her at low risk of re-offending given her clean record and early guilty plea. Accordingly, it was suggested that a fully suspended sentence on conditions to include attending a course on Life Skills was appropriate. She also expressed remorse in committing these offendings and regretted the trust lost as a result of her shortcomings in a letter submitted to the court in May, when she pleaded for leniency.”

The judge stated the maximum statutory penalty for forgery is seven years’ imprisonment and theft of anything of value in excess of $10,000 is also seven years’ imprisonment.

“I agree with the Prosecution’s suggestion that the theft count should be the head sentence. Although they both carry the same penalty, the theft count is the most serious.

The judge noted that at the defendant is not young, she is 35 and has raised a 20-year-old on her own.

“She is a mature and a worldly-wise woman who gained the trust and the work as a carer for the complainants’ children.

“She has in her favour a clean record, cooperation with the police and has made an effort and managed to pay off part of the money she took. Although she defended her actions during her interview with the Probation Officer by attempting to throw her employers under the bus, it was clear from her letter of 12 May, 2025 that she accepted the fault was all hers, demonstrating remorse and accounting for her actions. I also take into account Hon. Frederica Filipe’s clemency and fully suspend the sentence imposed on conditions.”

The judge then sentenced the defendant to an aggregate sentence of 18 months imprisonment, which she fully suspended for two years on conditions. This includes not committing any offence punishable by imprisonment, being placed on probation, must undertake and complete a life skills course as well as 40 hours of community service.

Failure to comply with the conditions may result in the suspension being rescinded, in which case, the defendant will be required to complete the balance of her prison term.