The Associate Minister of Trade, Muagututagata Peter Ah Him, has been found guilty of two charges after a Chinese company in which he is a shareholder, sued him.
Justice Vui Clarence Nelson’s written ruling is dated 30 January 2015.
The first charge to which he has been found guilty of claimed that between January and March 2013, Muagututagata used a false document as if it was genuine.
The second charge claimed that the Member of Parliament “with intent to defraud Grand Ocean Industries by false pretense used a document number to cause or induce Grand Ocean Industries to make or execute valuable security namely a cheque in the amount of $62,454.50ST.”
In his ruling, Justice Vui said the first charge has been proven beyond reasonable doubt.
“ I am satisfied beyond reasonable doubt the defendant knew the document was a forgery and that it would be acted upon by Grand Ocean,” Justice Vui said.
“It was obvious the invoice was on the letterhead of the Customs Agent. No reputable businessman let alone one as successful as the defendant would allow charges for his company to a third party to be placed on another entity’s letterhead. Let alone the letterhead of a Customs Agent."
“I am of the view he saw the invoice but ignored it. Having received the Agents Invoice 5517 (“P-2”) on 31 January 2013 from Tarzan Savea he was well aware of the amount of duty payable."
“He would have seen even on a cursory inspection that “P-6” was for an obviously different figure. And total. Furthermore the document itself was contrary to his own instructions to his wife."
“The defendant’s evidence was he thought Sala would attach to the Agents Invoice the ABM invoice for services. No such invoice was attached.
Again he could not have failed to notice that. The charge is proven beyond reasonable doubt.”
Muagututataga was also found guilty of the second charge.
“By the same token this charge is also proven beyond reasonable doubt.” Justice Vui said.
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Two other charges against the defendant were, however, dismissed.
The first charge claimed that defendant made a false document under the name of Savea Savelio with intent that it shall be used or acted upon as genuine, thereby committing forgery.
“The evidence is clear, it was Sala who generated the false Invoice 4850 with intent that it be acted upon as genuine,” said Justice Vui.
“Not the defendant. He may have been an accessory to the forgery but the evidence of that is thin and he was not charged with that offence. There is also no evidence he instructed Sala to do what she did. This charge is dismissed.”
The second dismissed claimed that the defendant “received a valuable security to pay Savea Savelio fees of $62,454.50 and he failed to deal with it in accordance with such obligation.”
“I am not satisfied the extent of the defendant’s obligation was to pay the entirety of the $62,454.50 to Savea,” ruled Justice Vui.
“He was only obliged to meet on behalf of Grand Ocean the Agents fees and costs. This he did on 01 February 2013. This charge is dismissed.”
During the hearing, Muagutu pleaded not guilty to all the charges against him.
His wife Sala Anna Ah Him during the hearing took responsibility for the “wrong receipts” presented to Grand Oceania Limited.
In his decision, Justice Vui said the defendant’s explanations were not only “inconsistent but on critical matters were simply not plausible.”
“His credibility is not assisted by the evidence of his wife who is a self confessed forger,” said Justice Vui.
“I do not for one second accept her (Sala) explanation that she was “playing around” with Invoice 4850 or that it was meant “for my eyes only.”
“She is no naïve clerk. Her and her husband have owned and operated a successful business in Apia for over 20 years.”
Sala and Muagutu operate the Apia Business Machinery company (A.B.M).
Lawyer Fepulea’i Patrick Fepulea’i represented Muagutu.
Leone Su’a Mailo and Lucy Sio of the Office of the Attorney General were the prosecutors.
The ruling will be published in full in tomorrow’s Samoa Observer.
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