A former employee of the Ministry of Education, Sports and Culture who stole close to $20,000 worth of stationery from the Ministry has been jailed for six months.
Ionatana Masina, 31, of Magiagi pleaded guilty to seven charges of theft. The defendant was represented by lawyer, Tole’afoa Vaega Lei Sam.
The matter was presided over by Supreme Court Justice Vui Clarence Nelson. The decision in full is as follows:
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SENTENCE 1. The defendant has pleaded guilty to three counts of theft as a servant, each count of which carries a maximum penalty by law of 7 years in prison. Because these offences were committed in 2012, 20l3 he has been charged and will be dealt with pursuant to the Crimes Ordinance 1961.
2. The police summary of facts which the defendant has accepted through his counsel states that he is a 31 year old male of Magiagi single with no children and at the relevant time was working for the Ministry of Education Sports and Culture at Malifa. He was employed by the Ministry as a handy man but would also assist the Assets Division of the Ministry in handling and delivering stationeries for schools in Samoa.
3. On three separate occasions between 01 November 2012, and 28 February 2013, he stole stationeries belonging to the Ministry. Details of which are outlined in the three charges against them. Total value of the properties stolen NZD$11,603.00.
It is apparent that the defendant was one of a group of people charged with thefts and defalcations. Some of them pleaded guilty and have already been dealt with by the court. Others pleaded not guilty and are awaiting trial or are currently being tried. One of the defendant’s co-defendants was Junior Seumanutafa and by decision of this court dated 10 December 2014, he was convicted and sentenced to 2 years in prison for his part in the thefts.
4. The offences the defendant committed are serious offences and are aggravated by certain factors.
Even though the defendant was employed as a handy man he was still a trusted employee. Because in accordance with paragraph 3 of the admitted summary of facts it is stated that he would assist in “handling and delivering of stationeries for schools.” He took advantage of this to sell properties belonging to the Ministry. The value of properties stolen is significant $11,000.00NZD equates to about $20,000.00 Samoan Tala.
5. It is also noted this is not oneoff offending but multiple offending over a four month period between 01 November 2012, and 01 March 2013. There is no question some pre-planning and concealment was necessary in order to facilitate the crimes.
6. As the court observed when sentencing co-defendant Seumanutafa in paragraph 5 of its decision: “Theft as a servant is one of the most common crimes in this country. As a result the court normally imposes deterrent sentences of imprisonment on offenders. Many young men and women of this country are currently serving prison terms for this kind of offending. So that the court continues to send the message to our young people and employees that if you do this sort of thing you will likely go to jail.” 7. Having perused the material in this matter there is no reason for the court not to follow the usual approach.
8. While the maximum is 7 years in prison per charge considering all the circumstances of your matter Ionatana and the fact that a 4 year start point was employed for your codefendant Junior Seumanutafa. But he held a much more senior position.
A 2 year start point is therefore more appropriate to your case as suggested by the prosecution. From that start point you are entitled to certain deductions as your counsel has rightly pointed out. Firstly for your guilty plea a one- quarter deduction of penalty a period of6 months leaves l8 months in prison.
That is an appropriate deduction because your guilty plea has saved the court and the police much time and resources.
9. You have a good background and a good pre-sentence report it is supported by many references that speak well of your character. You have a clean criminal record this is your first court appearance. To acknowledge those factors I deduct 6 months from your sentence leaves 12 months in prison.
10. An apology has been made by you to the Ministry, that has been confirmed in writing by the Chief Executive Officer of the Ministry who indicates that he has on behalf of the Ministry accepted your apology.
It is also clear your family has made partial restitution of $2,000 in this matter paid to your counsel. To acknowledge these l deduct a further 6 months from your sentence leaves 6 months in prison.
11. There are no other deductions that can or should be made from your sentence. On each charge you will be convicted and sentenced to 6 months in prison concurrent terms. It is further ordered that the partial restitution of $2,000.00 held in trust by your lawyers be released forthwith to the probation office for forwarding to the Ministry. I leave that to counsel to take care of. I have your undertaking that will be done?
(DC: l can assure you your honour it will be). JUSTICE NELSON
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