By Linny Folau

A Tongatapu trader, Yu Xi Di (44), is serving 14 months imprisonment obtaining $68,977 pa’anga by false pretences from different businessmen in Vava’u, who were deceived thinking they would receive goods from Tongatapu, including frozen meat they had paid for.

Justice Tupou sentenced the defendant on 26 June in the Supreme Court, Nuku’alofa. This was after he pleaded guilty to all counts in April. The defendant operates a store in Vaini, licensed under Naipuka Trading. The offending involved five different complainants.

The first complainant was Kong Hao Lin, a businessperson of Neiafu. On 7 November 2023, it was agreed that the defendant would transport certain goods from Tongatapu to the first complainant for his business in Vava'u.  The defendant received a payment of $20,000 from the first complainant for the goods. When the goods did not arrive on 29 November 2023, the first complainant lodged a complaint with the Police in Neiafu. The accused was arrested on 27 February, 2024 and admitted to the offending.

The second count was committed on 7 November, 2023, when the second complainant Zhong Fa Liu, a businessman of Kameli, agreed that the defendant would transport frozen meat from Tongatapu for the complainant’s shop in Vava’u, on 15 November 2023. This complainant paid the defendant $14,000. The frozen meat did not arrive and a complaint was lodged with the police. The defendant similarly admitted to the offending on 27 February, 2024.

The third count was on 20 November, 2023, when the defendant and the third complainant, Shu Jie You, also a businessman of Neiafu agreed for the defendant to ship meat and goods from Tongatapu to Vava’u for his shop.This complainant paid him $11,950 in cash for the goods, but the goods did not arrive in Vava’u on the agreed date. A complaint was lodged with the police on 3 December, 2023.

On 11 November, 2023, the fourth complainant, Zu Xian Shi, also a businessman in Neiafu, paid the defendant $13,395 for frozen goods to be transported to the complainant from Tongatapu. The frozen goods failed to arrive on the agreed date and a complaint was also lodged with the police.

Then on 20 November, 2023, the fifth complainant, Ming Hong Mo, a businessman of Kameli agreed that the defendant would purchase and transport boxes of chicken quarters and lamb from Tongatapu to Vava'u. He paid the defendant $9,632 but the goods did not arrive and a complaint was lodged with the police. The defendant admitted to the offending in his police interview.

Breach of trust

The Crown submitted the aggravating features were the seriousness of the offence, it involved multiple complainants, the breach of trust and the substantial money involved, among others. Working on his behalf as mitigating factors was his early guilty plea and being a first time offender.

Meanwhile, the court heard from his pre-sentence report, that the defendant lives in Vaini with his wife and children. He was born and raised in China and travelled to Tonga on a work visa and maintained that status after 15 years in Tonga. He owns a shop, a restaurant with his wife and recently opened another shop. However, he described his occupation as a delivery driver for an unnamed Chinese firm.

The judge stated that as for the offending, the defendant said he used the money he obtained to cover losses from his new shop and intended to return all of the complainants' money. The Probation officer said that he was aware of his illegal activities and that was the reason for his regret and guilt. She suggested a partial suspended sentence was appropriate on conditions

“In the instant case, the defendant deceived the first and second complainants by calling them on the phone and asking if they required frozen goods shipped from Tongatapu and received their payment for the said goods. With further determination to deceive, he travelled to Vava'u and visited the third, fourth and fifth defendants' at their respective shops under the pretence he would ship them goods, collected the necessary payments and left.

“He also had no intention of sending to any of the complainants the goods because on his own account, he used the total of $68,977 he collected to pay off loans and unnamed losses he apparently suffered by opening his new shop. These circumstances plainly render imprisonment necessary."

The judge then took into account the fact that he had no previous convictions, had pleaded guilty despite his attempts to say otherwise in the morning of his sentence, which she understood was really a desire to put forth that he had made payments to the complainants in an amount of around $20,000.

He was convicted and sentenced to three years and two months imprisonment with the final 24 months suspended for two years, on conditions. 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 his prison term.

The defendant is currently serving 14 months imprisonment. The judge also acknowledged her gratitude to Penioni Lokotui for his interpretation services and assistance to the court, without it this sentencing would not have been finalized.