Regina v Wanga - Judgment [1994] SBHC 30; HC-CC 045 of 1993 (23 September 1994)

HIGH COURT OF SOLOMON ISLANDS

Criminal Case No. 45 of 1993

REGINA

-v-

PHILIP WANGA

High Court of Solomon Islands
(Muria, CJ.)

Hearing: 22 September 1994
Judgment: 23 September 1994

DPP for Prosecution
B. Titiulu for Accused

MURIA CJ: The accused has been charged with the offence of embezzlement contrary to section 266(a)(ii) Penal Code. It was alleged that on 24 April 1992, at Honiara being employed as a clerk or Servant of Guadalcanal Travel Service fraudulently embezzled the sun of $5,546.00 received by him for and on behalf of the Guadalcanal Travel Service.

The prosecution called four witnesses. The accused gave evidence on his own behalf.

The prosecution case is that the accused was a senior employer of the firm (Deputy General Manager). His jobs included receiving money for airline tickets, issuing tickets and receipts for money paid.

On 24 April 1992 one Mr. George Wong purchased air tickets for Mr. Chao Rui, Ms Li Yue Yun and Mr. Zhen Sheng from the accused at the GTS. A receipt No. 13929 (Exh.1) was issued to Mr. Wong. The receipt showed that the sum of $5,546.00 was paid and it was in cash.

According to Mr. Wong, he paid cash for the two tickets for Mr. Chao Rui and Ms Li Yue Yun and that he paid cheque for the return - tickets for Mr. Zhen Sheng. All together the total amount was $5,546.00

While the receipt (Exh.1) shows that the amount was paid in cash, the spaces beside the "Form of Payment" on all the tickets show that the payment was by cheque. Despite that discrepancy, I accept Mr. Wong's evidence that he paid cash for the two tickets for Mr. Chao Rui and Ms Li Yue Yun and a cheque for Mr. Zhen Sheng's return-tickets. I bear in mind that it was the accused who issued the receipt and filled in those parts of the tickets concerning FARES, TAXES and FORM OF PAYMENT as stated by Zima Hughes Taisia in evidence.

Grace Konia who was the accounts clerk checked the receipts and found a short fall of $5,546.00 as shown by the receipts. She asked the accused where the amount was. She said that the accused told her that the client (Mr. Wong) would pay it on 28 September 1992.

The accused denied saying to Grace Konia that Mr. Wong would pay the money on 28 September 1992. The accused, however, admitted he received $5,000.00 from Mr. Wong on 24 April 1992 but said that as the amount was not completed he placed the $5,000.00 in his draw. At no time did he (accused) tell the Accounts Clerk that he had $5,000.00 kept in his draw despite being asked where the amount shown on the receipt was.

When asked by the General Manager about the missing money, the accused said that he told his General Manager that the transaction was not completed. The accused did not tell his General Manager that he received $5,546.00 nor only $5,000.00 from Mr. Wong.

The accused never explained why he did not give the money, even if it was $5,000.00 which he said he kept in his draw, to Grace Konia (the Accounts Clerk) when asked about the money. There was no explanation as to what became of the money (5,000.00) when he was terminated.

His evidence was that he never lent it out to anybody. There was no evidence that any one took the $5,000.00 from his draw either.

In his own testimony, the accused clearly told the Court that he repaid the $5,000.00 from money he received from the NPF following his termination of employment with GTS.

It is therefore an irresistible conclusion that the accused repaid the amount (which he said was $5,000.00) from his NPF contribution money because he had used that amount.

I do not believe the accused's story. He clearly tried to lie his way out of what he did. His story, is one that no reasonable tribunal of fact could accept. I do not.

On the evidence I am satisfied beyond reasonable doubt that the accused received from Mr. Wong the sum of $5,546.00 for the purchase of air tickets. He received that amount in his capacity as an employee of the company and whose very job was to receive money on behalf of the Company and then to issue tickets to travelling customers. He received the money in this case and I am satisfied beyond reasonable doubt that he used it for himself. For why else did he have to find money to repay it on 17 June 1992.

This is embezzlement and found the accused guilty as charged.

(G.J.B. Muria)
CHIEF JUSTICE