Method ‘fraudulent,’ ex-M.P. hit with fine

A former Member of Parliament and the Associate Minister of Trade, Muagututagata Peter Ah Him, has been fined $30,000 by the Supreme Court for presenting a false document and fraud.

The decision was delivered by Supreme Court Justice, Vui Clarence Nelson, yesterday afternoon. While the sentence was being read out, Muagututagata stood still. He appeared relieved when it was clear he would not serve a term in prison.

Family members and village supporters of the former Member of Parliament for Sagaga Le Usoga crowded the Courtroom.

Justice Vui said the real question after the defendant was found guilty is whether his conduct should be punished by a term in jail.

“I have come to the conclusion after considering all the relevant factors and circumstances it should not,” Justice Vui said. “This is a case of one-off offending by a defendant who considered himself entitled to recompense for services to the complainant company.

“That may well have been the case but his methodology was flawed, fraudulent and in breach of criminal law. Something for which he has paid and will continue to pay.”

Justice Vui also noted the “counsel’s indication his client is in a position to meet a “hefty fine”.

“The information available on the defendant's financial status likewise reinforces his ability to meet monetary penalties even of a significant nature.

“The defendant is on each charge convicted and fined $10,000 payable by 12:00 noon Wednesday 04 March 2015, in default of payment 6 months imprisonment per charge.

“In addition he will pay $6,000 prosecution costs $3,000 court costs and $1,000 probation costs also payable by 12:00 noon, 04 March 2015, in default he will serve a further 6 months in prison.”

Muagututagata had pleaded not guilty to charges of forgery, uttering forged document, theft and false pretense.

However, after an extensive hearing, he was found guilty of two charges.

The charges were:

• that between the 01st day of January 2013, and 31st day of March 2013, at Saleufi, knowing the document number 4850 under the name of Savea Savelio to be false, used the document as if it were genuine.

• that between 01 day of January 2013 and 31st day of March 2013, at Saleufi, with intent to defraud Grand Ocean Industries by false pretence, used a document number 4850 to cause or induce Grand Ocean Industries to make or execute valuable security namely a cheque in the amount of $62,454.50ST.

According to Justice Vui, the defendant’s charges for “special services” rendered may have been justified given the work he performed for the company and the substantial duty savings achieved.

“But that was no justification for the devious methodology employed to obtain payment,” he noted.

“That was unethical behavior and in business practice and in the eyes of the law amounted to fraud.

“Perhaps the defendant’s sense of right and wrong has become tainted by being associated with the many fly-by-night foreign investors who seem to be infiltrating our shores more and more.”

Justice Vui also pointed out that the former Member of Parliament has brought consequences upon his head.

“I accept the defendant has and will continue to endure the many effects of his offending,” he said. “It has tarnished his personal and business reputation, affected him socially and probably financially and has ruined at least in the short term a bright political career.

But those are consequences he has brought upon his own head.”

Outside of court, Muagutu was emotional when supporters from his constituency and family members greeted him.

The M.P tendered his resignation in Parliament two weeks ago, a week before his sentence.

Muagutu was represented by lawyer Fepulea’i Patrick Fepulea’i.

Leone Su’a – Mailo and Lucy Sio are the prosecutors from Attorney General’s office.

Grand Ocean Limited, of which Muagutu is a shareholder, was the plaintiff.