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Police v Matamua [2024] WSSC 143 (23 December 2024)

IN THE SUPREME COURT OF SAMOA
Police v Matamua [2024] WSSC 143 (23 December 2024)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

RITA MATAMUA a.k.a. LITA AUFALE TAUAILOTO female of Fogapoa and Salelologa.

Defendant

Counsel: L. Strickland for Prosecution

A. Matalasi for defendant

Sentence: 23 December 2024

SENTENCE

Charges

1. You appear this afternoon for sentence on 66 counts of theft as a servant. The maximum penalty for each charge is ten years imprisonment. Originally there were 139 charges which you denied. On the 27th November 2024 when the hearing was to take place, prosecution reduced the number of charges to 66. You then vacated your not guilty pleas substituted by guilty pleas to all 66.

Offending

2. At the material time you were employed by the victim corporation, EPC as Supervisor Customer Service, Debt Controlling and Invoicing for its Salelologa cashier branch. Your daily responsibilities included supervising the cashier receipting system, checking daily collections, preparing banking, posting manual receipts onto the system, carrying out the role of cashier when necessary, supervising customer services and preparing invoices and disconnection lists.
3. On 66 occasions between July 2016 and September 2019, you dishonestly manipulated the system and stole from your employer for personal use cash of varying amounts which ranged from $50 to $8,690.10. The particulars of each offending are set out in a table in prosecution’s summary of facts and annexed to my written remarks.
4. On each of the 66 occasions you received cheque payments from EPC consumers for services rendered, you omitted these cheque payments from the system and consumer accounts either in whole or partial amounts, then took cash in the sum of the cheque amounts omitted from the system from the daily collection without any authority. The unposted cheques were then used to cover up the cash amounts that you stole. The unposted cheques or variances of cheque amounts posted on the system only became apparent when reconciled against the EPC lodgement book of the banking which were prepared by you.
5. Your offending came to light when EPC noticed a considerable increase in arrears by several consumers who when contacted, informed EPC that all their bills had been paid and their accounts up to date.
6. An internal investigation revealed your offending, with the total amount stolen by you being $86,814.89. On the 17th March 2021 you were cautioned and charged by police.

The Victim

7. EPC highlights in the victim impact report the impact of your offending on its revenue and reputation. As a result of the investigation your immediate supervisor at Salelologa branch was also terminated for failing to effectively manage and supervise staff, and failing to discover your thefts. The report says that the total amount misappropriated according to the investigation is $347,951.14. I bear in mind that the total sum you are being sentenced on is $86,814.89. The report also confirms that you had paid $500 in restitution.

Aggravating Factors

8. I consider the following:
   • (i) breach of trust;
   • (ii) this was multiple offending involving 66 separate occasions over a 3 year period;
   • (iii) there were multiple consumers affected - you stole from payments by at least 22 individual and business consumers;
   • (iv) the amounts involved; the thefts were as high as $6,000 and $8,690 which are significant sums to take from the cash amount collections of any single day;
   • (v) there was a significant degree of premeditation in the offending and trying to avoid detection;
   • (vi) the total amount being $86,814.89;
   • (vii) the impact on the victim including the significant loss of revenue, costs of absorbing loss of consumer funds and time and resources committed to the investigation;
   • (viii) the prevalence of theft as a servant cases.

Mitigating Factors

9. I take into account:
   • (i) your pleas of guilty to the charges entered when prosecution withdrew some and leaving 66 remaining charges;

(ii) your personal circumstances – you are a 39 year old mother of three children. You have had a good education and employment including seven years at EPC which ended in your termination. I have also read the testimonials by Rev. Olive Samuelu of the EFKS Fogapoa; a friend of yours named Tofoipupu Usoalii Falefatu; and pulenuu of Fogapoa and Tuasivi. They speak of your good character and contribution to your village and the church. You are a first offender.

Discussion

10. Theft as a servant cases are serious because of the breach of trust involved and impact on the victim employers and community. And with its prevalence, it has long been the court’s policy to impose imprisonment as penalty unless there are exceptional circumstances, the length of the term dependent on the circumstances of each case. No such exceptional circumstances exist in your case.
11. A term of imprisonment is warranted because of the significant amount of money involved, length of time for which you continued to offend, the level of premeditation, and significant breach of trust given your position as supervisor.
12. Prosecution recommend a start point of six and a half years. Your counsel on the other hand submits that six years is an appropriate start point, which is not far off prosecution’s recommendation. I consider the circumstances of each of the authorities that both counsel refer to in their submissions. In terms of the amounts involved, the following is a summary:

13. I also consider other cases including Police v. Esekia [2021] WSSC 87 (26/205/21) involving 156 charges of theft as a servant committed over 4 years of a total sum of $353,034.07, where the court adopted 8 years as starting point.
14. Considering the numbers of charges, the length of time that you committed the offences, the various sums involved and total amount stolen, the range of starting points adopted in the cases referred to, and the totality of your offending, I adopt six years as the appropriate start point.
15. From that term I make these deductions. For your personal circumstances including your first offender status I deduct nine months. For your remorse and testimonials in support of your character, I deduct nine months. I make a final deduction of 18 months for your guilty pleas to the charges. I make no deduction for the time you have been out on bail pending sentence as sought by your counsel. The end sentence is three years imprisonment.

Result

16. Oh each of the 66 charges of theft as a servant, you are convicted and sentenced to three years imprisonment. The sentences will be served concurrently.

JUSTICE ROMA

ANNEXURE 1 - PARTICULARS OF CHARGES