A 30-year-old father from Nofoali’i, Omar Mauala, has pleaded guilty to 12 counts of theft as a servant while working for the ANZ Bank.
But instead of being sent to jail, Justice Vui Clarence Nelson, of the Supreme Court, accepted a submission by the defendant’s lawyer, Idelma Niumata, pleading for a noncustodial sentence for her client.
As such, Mauala was handed a monetary fine and a warning, after Justice Vui considered the mitigating factors.
For the first count of theft as a servant involving an ANZ customer, Mauala was fined $500. For 11 counts of theft as a servant involving members of his own family, he was warned not reoffend within the next 12 months.
Mauala was also told to pay $500 costs for the prosecution, $200 for police and $50 for probation.
The monetary penalty is to be paid in full by 4pm tomorrow or he will be jailed for six months.
In handing down the sentence, Justice Vui said he accepts that Mauala has already paid the money he took from the Bank and that his apology has been accepted by his former employer.
What’s more, the Judge noted that Mauala saved the Court’s time by entering an early guilty plea during which he admitted that his stupidity had cost him his job.
During sentencing, Justice Vui told Mauala that he should have thought about the consequences of his actions. He told him that he was a smart man and judging by the references in support of him, he was a man of good character.
“The real victims here is your wife and your own family,” Justice Vui said.
The incident occurred between the 7th of March and 20th June 2014. The defendant’s user ID allowed him to have access to all ANZ accounts.
And he used that access to steal from them. The defendant took money from his own family’s account and one of the another ANZ customer’s account and put it in one account under his son’s name.
He then used his son’s ATM card to withdraw the money, which he used. In the end, Mauala was told to learn from his mistake and not to reoffend.