Wife takes the blame

The company claims that the Member of Parliament gave instructions to alter an original invoice of $32,450 so that with “special costs”, it came to the sum of $62, 454.50.

The wife of the Associate Minister of Trade, Muagututagata Peter Ah Him, has taken the blame for the “incorrect invoice” which is the subject of a criminal hearing before the Supreme Court.

Sala Ana Ah Him, Managing Director for the Apia Business Machines, admitted that much in Court on Friday.

“Yes, I did it (made changes on the invoice no.4850),” she said. “It was not my motive to present an incorrect invoice. It was meant (to be) for my eyes only.”

Muagututagata has pleaded not guilty to charges of theft, false pretense, forgery and uttering a forged document. He has been sued by a Chinese company called Grand Ocean Limited, of which he holds 10 per cent, as a shareholder.

The company claims that the Member of Parliament gave instructions to alter an original invoice of $32,450 so that with “special costs”, it came to the sum of $62, 454.50.

The company is accusing the M.P of forging the invoice, which had been presented to him as a genuine document. They also claim that he defrauded the company by making invalid costs.

On Friday, the Court heard that the cost of labour and other services from A.B.M to Grand Ocean should have been placed under its own invoice rather than an old one no.4850 belonging to Savea Savelio’s Customs agent.

Owner of the company, Taito Savea in his evidence claimed he issued a customs duty invoice for Grand Ocean no.5517 with a cost of $32,454.

He told the Court that “I was instructed by Muagutu” to add costs from A.B.M amounting to $30,000 in his invoice.

Justice Vui Clarence Nelson is presiding. Leone Sua-Mailo and Lucy Sio, of the Attorney General’s Office, are prosecuting. Muagututagata is represented by lawyer, Fepulea’i Patrick Fepulea’i.

Continuing with her evidence, Sala told the Court that she agreed to make arrangements in clearing the two containers if Grand Ocean agrees to pay for A.B.M’s labour and other services.

She said their land was used to store the containers. When she received the invoice from Savea Savelio’s agent, she said Muagututagata handed it to her to calculate the costs from A.B.M.

“I used the invoice no.5517 to work out our costs and practiced how to do our costs on the old invoice no.4850,” Sala told the Court. “I’m not familiar with the language used by Customs and it is why I practiced on the old invoice trying to work out our costs. I copied everything from no.5517 to no.4850 to give me an idea of how to do the invoice."

“I then left the invoice no. 4850 on my desk and placed the invoice no.5517 in the file.”

Sala said when she returned the next day the invoice no.4850 was not there and Muagutu mentioned he has given it to Lee, a representative from Grand Ocean Company.

“I told him he has given her the wrong invoice and I made a call to Lee telling her that she received the wrong one.”

At this point, Sala recalled she told Muagutu he should contact Taito to come in and “correct his invoice” and insert A.B.Ms costs.

She added after that she made a letter apologising to the Directors of Grand Ocean about the “unfortunate confusion” and to cancel invoice no.4850.

The letter and invoice were not delivered until few days later.

In the cross examination, Mrs. Mailo asked Sala why Taito should “correct his invoice” when he prepared the invoice for the services done by his own company.

“Because A.B.Ms labour and services should be included in his invoice where it has the list of services done by S.P.A, B.B.E and customs,” replied Sala.

Mrs. Mailo reminded Sala that “you’ve been a business woman for over 20 years, the charges listed in Taito’s invoice is for the services he paid for not A.B.M."

“Why didn’t you use an invoice from A.B.M to write your charges,” asked Mrs. Mailo.

Sala maintained that A.B.Ms charges should be included in Savea Savelio’s invoice.

Sala was also questioned by the lawyer why she had made changes in the invoice no.4850 that belongs to Savea Savelio not A.B.M.

Mrs. Mailo asked why she spent half an hour deleting and changing the name NZ to China by using a “correction tape” and changing other details like the voyage number, country of purchase and others.

In response, Sala insisted that she was practicing on the invoice and she was “confused about what to write on the invoice because I’m not familiar with how to do a customs invoice.”

Lastly she said; “the right thing to do is write A.B.Ms charges on our invoice and attached it with the letter and other invoices for Grand Ocean.”

Justice Vui intervened and agreed.

“Yes that should’ve been done but you did not do that,” he said.

“The problem is you used an old invoice from Savea Savelio and made changes to it for Grand Ocean.”

The case has been adjourned to the 5th December for lawyers to make submission.

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