The woman who systematically stole $35,000 from her father’s bank account to feed her and her husband’s drug addiction habit, has avoided going to jail.
The offending was only discovered when the father contacted Tonga Development Bank in February 2022.
Appearing before Judge Petunia Tupou in Nuku’alofa Supreme Court recently, Siutaisa Tutoe To’ia, 27, pleaded guilty to six counts of forgery, six counts of knowingly dealing with forged documents and one count of obtaining money by false presences.
She was charged for making a false document on 14 December, 2021 by signing a withdrawal slip for $3,500 with the intention to deceive the Tonga Development Bank (“the Bank”) into acting on it as if it were genuine;
for making a false document on 28 December, 202 l by preparing an authorization letter in the name of Pelenato Tutoe authorizing herself to withdraw $2,500 from Mr. Tutoe’s account with the intention to deceive the Bank into acting on it as if it were genuine;
for making a false document on 4 January 2022 by preparing an authorization letter in the name of Pelenato Tutoe authorizing herself to withdraw $9,000 from Mr. Tutoe ‘s account with the intention to deceive the Bank into acting on it as if it were genuine;
for making a false document on 17 January 2022 by preparing an authorization letter in the name of Pelenato Tutoe authorizing herself to withdraw $8,000 from Mr. Tutoe’s account with the intention to deceive the Bank into acting on it as if it were genuine;
for making a false document on 24 January 2022 by preparing an authorization letter in the name of Pelenato Tutoe authorizing herself to withdraw $7,000 from Mr. Tutoe ‘s account with the intention to deceive the Bank into acting on it as if it were genuine;
for making a false document on 31 January 2022 by preparing an authorization letter in the name of Pelenato Tutoe authorizing herself to withdraw $5,000 from Mr. Tutoe ‘s account with the intention to deceive the Bank into acting on it as if it were genuine;
for submitting the withdrawal slip prepared on 14 December, 2021 to the Bank with the intention that it acted on it, knowing it was forged;
for submitting the authorization letter prepared on 28 December, 2021 to the Bank with the intention that it acted on it, knowing it was forged;
for submitting the authorization letter prepared on 4 January 2022 to the Bank with the intention that it acted on it, knowing it was forged;
for submitting the authorization letter prepared on 18 January 2022 to the Bank with the intention that it acted on it, knowing it was forged;
for submitting the authorization letter prepared on 25 Janua1y 2022 to the Bank with the intention that it acted on it, knowing it was forged;
for submitting the authorization letter prepared on 31 January 2022 to the Bank with the intention that it acted on it, knowing it was forged;
for obtaining a sum of $35,000 from the Bank by submitting false documents to the Bank that purported to authorize her to withdraw monies from Mr. Tutoe, knowing the said documents to be false and causing the Bank to give her a total of $35,000 from the said account from December 2021 to January 2022.
To’ia is the only daughter of the victim, Mr. Pelenato Tutoe of Tonga’s Tungua, Ha’apai island.
In July, 2020, Mr. Tutoe left his bank account with To’ia and authorised her to withdraw $2,500 from his account.
In February, 2022 Mr. Tutoe found out from his daughter that she had used up all of the money held in his account. Mr. Tutoe called the bank to confirm and discovered it was true .
Tūtoe told the court “he was very hurt”.
He said “his daughter had apologized to him and he has since forgiven her and asks on her behalf for mercy and a lenient sentence”.
“He confirmed that his daughter’s husband had a serious illicit drug problem and his money was used to fuel their illegal drug use. She has separated from him and he is now providing for her and her children”.
The bank summoned a special internal audit which uncovered the forged withdrawal slips, letters of authorization and withdrawals totalling $35,000 between the periods of December, 2021 to 31 January, 2022.
The auditor recommended the Bank to repay the entire $35,000 to Mr.Tutoe because the bank was partially responsible for not following bank policies on withdrawals. In sentencing the accused the court heard the bank has yet to pay Mr Tūtoe’s money.
Judge Tupou said To’ia’s pre-sentence report showed she was separated from her husband since June 2022 and that “Alcohol and drug abuse is the cause of her problems”.
“At one point she was prepared to stop but her husband objected which eventually led to domestic abuse.
“She currently has a protection order against him”.
The court was told To’ia has quit drinking alcohol and taking drug .
“She accepts her bad behavior and intends to make amends. She has showed real remorse and although slow in taking her Priest’s advice, his support is available to her”.
Judge Tupou convicted To’ia and sentenced her to four years and eight months.
“‘The full sentence is to be suspended for a period of two years on the following conditions, namely, that during the said period of suspension, the Defendant is to:
a) not commit any offence punishable by imprisonment;
b) be placed on probation;
c) enroll in a drug rehabilitation and counseling course as directed by her Probation Officer.
Failure to comply with any of those conditions may result in the suspension being rescinded, in which case, the Defendant may be required to serve the balance of her sentence”.
