By Linny Folau

‘Ofa Tokelau, aged 53, is currently serving a six-month prison sentence for fraudulently obtaining $17,000 pa’anga. He deceived a customer by taking payment for a car that was never delivered.

From the Prosecution’s Summary of Facts in September 2022, the complainant, named 'Elisi, placed the order with the defendant for a Toyota motor vehicle worth $25,000. From September to December 2022, the complainant made cash payments totaling $17,000 to him on account of the motor vehicle.

However, Elisi never received her motor vehicle, the defendant having continuously fobbed her off with the excuse that there were difficulties with the shipping of the motor vehicle from Japan.

Justice Garlick sentenced him on 12 August at the Supreme Court in Nuku’alofa, after he was found guilty of the single charge in a short trial in June.

He said the offending conduct took place over a period of months from September to December 2022. The false representation that was made at the time that 'Elisi agreed to buy the motor vehicle was a continuing misrepresentation.

“The conduct of the defendant, thereafter, was designed to fob off 'Elis when she enquired about the status of her order. In addition, it submitted that the defendant was in a position of trust towards 'Elisi, and breached that trust by giving her false assurances that he would supply the vehicle.”

The defence submitted that the defendant had no prior convictions and had paid back some of the money to 'Elisi. Married with children, the defendant's car business had failed, and he was currently employed as a construction worker earning $500 per week, plus overtime. Defence also pleaded that he would take the opportunity of a fully suspended sentence to rehabilitate himself.

The judge stated that the victim impact report outlined a very sad case, with which the court has the greatest sympathy. “That said, the consequences of the offence on Elisi and her family are the usual (but nevertheless serious) consequences of a fraud in cases such as this one. This was a single offence, rather than a series of dishonest transactions with a number of customers, as is often the case in offences like this. The defendant is a man with no previous convictions,” he stated.

The judge took into account the starting point as being a sentence of imprisonment for a period of 20 months reduced to 18 months imprisonment after consideration of migating features.

“I am satisfied that in this case there is a very high probability that the defendant will be rehabilitated during his time in custody, and that the imposition of a partially suspended sentence will assist that process of rehabilitation.”

Accordingly, the judge suspended 12 months of the sentence for two years on conditions. This includes not committing any offence punishable with imprisonment during probation among others.

The defendant was sentenced to 18 months imprisonment with the last 12 months suspended on conditions. This means that he is now serving six months in prison.