Public Prosecutor v Rasu - Sentence [2005] VUSC 24; Criminal Case No 044 of 2004 (18 February 2005)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)

Criminal Case No: 44 of 2004

PUBLIC PROSECUTOR

v.

PATRICIA RASU
ERIC LAPI
JOHN JACK
PAKO TAMATA

Coram: Mr Justice Oliver A. Saksak
Mrs Anita Vinabit - Clerk

Counsel: Mrs Linnes Moli for the Public Prosecutor
Mr Willie J. Kapalu for the First, Second and Third Defendant
Fourth Defendant in person unrepresented.

Date of Hearing: 18th February 2005

SENTENCE

(1) Pako Tamata

You pleaded guilty to all 13 Counts of -

(a) Aiding and Abetting Theft x 6 Counts;
(b) Theft x 6 Counts; and
(c) Receiving Money Dishonestly x 1 Count, to the sum of VT170,000.

You realize that you could be imprisoned for a very long time if the Court were to impose the maximum terms of imprisonment specified by law for these offences.

However, I have heard that you are a young man and a first offender. You have said sorry to the Company (CCPL) and to the Court today. You have told the Court that you realized you did wrong and therefore you chose to plead guilty in the first instance or opportunity. You co-operated and have assisted the prosecutions by testifying against Patricia Rasu during the trial. The Court allows you credit for your actions. However you were unwise to fall into a trap. You repeatedly accepted cheques from Patricia and you repeatedly went to cash them. You took commissions for so acting in the sum of VT170,000 to which you pleaded guilty. You appear to have enjoyed spending the moneys you were given. But your actions have cost you the loss of your job.

The Court is of the view that you should be imprisoned for these offences. I therefore sentence you as follows -

(1) For Aiding and Abetting – For all 6 counts together, a sentence of 12 months imprisonment is imposed.

(2) For Theft – all 6 counts together, a sentence of 12 months, consecutive to the first 12 months.

(3) For Receiving Money Dishonestly, a sentence of 8 months consecutive to the 24 months under (2) and (1) above, a total of 32 months imprisonment.

I however order that these jail terms be suspended under the Suspension of Sentences Act CAP 67 for a period of 3 years from today. During your period of suspended sentence you will be required to repay the sum of VT170,000 to CCPL. A separate order of restitution will be issued to that affect.

(2) Eric Lapi

You are fortunate in that you were not successful in cashing the cheque for the sum of VT756,325. But in the act, you were assisting in the commission of a criminal offence. You should have been more careful. I consider the fact that you are a first offender and that you only did it once. However I sentence you to imprisonment for a period of 12 months for attempted aiding and abetting. I order that your imprisonment term be suspended under the Suspension of Sentences Act CAP 67 for a period of 2 years from today.

(3) Patricia Rasu

You have committed very serious offences of forgery contrary to section 140 PCA x17 counts, and theft contrary to section 125 PCA x16 counts, a total of 33 counts. The maximum imprisonment term for forgery is 10 years and for theft is 12 years. You realize that for 17 counts of forgery you could be jailed for 170 years, and for 16 counts of theft you could be jailed for 192 years. The total terms for those two charges put together is 362 years.

Over a period of about 3 months you committed these offences and caused loss to CCPL in the sum of VT4,452,419. You appear unrepentant about it all. You did not co-operate at all with the police. You denied all charges against you putting blame on other staff of the company. I have heard that you are a young mother with a baby of 4 months old. That baby will now be the victim of your actions. You thought nothing about its welfare. You should have been more thoughtful. You seem to have enjoyed what you did because you did not do it only once but repeatedly and Eric Lapi, one of your accomplices was caught in the act. You involved Pako and your de facto husband John Jack in your actions.

I follow the sentencing guidelines and principles in the Cases of Public Prosecutor v. Keith Mala, Public Prosecutor v. Mercy Ehndvaun [2004] VUSC 61, Public Prosecutor v. Georgette Ravolou [2003] VUSC 53 and Public Prosecutor v. Leah Tureleo. Your case is distinguished from those cases in that the amount of money you took and misappropriated exceed the amounts stolen and misappropriated in those cases. You held a position of trust. You have no matters of mitigation special to yourself.

For those reasons it is the view of the Court that the only appropriate sentence I can impose on you is immediate custodial sentence. I therefore sentence you as follows -

(1) For each of the 17 counts of forgery - 1 month imprisonment for each of the 17 counts = 17 months imprisonment.

(2) For each of the 16 counts of theft - 2 months for each count = 32 months imprisonment.

I Order that the 32 months for theft be served consecutively with the 17 months for forgery. That means the 32 months will run after you have finished serving the first 17 months. In total therefore you will spend 49 months or 3 years and 1 month in jail. You will commence serving immediately and may have to be transferred to the women’s jail in Port Vila. That will be a matter for the police authorities. You will have liberty of 2 hours to see your baby once a week (if the baby is brought to Vila and looked after by your relatives there). But the baby would be brought to you in jail. This liberty does not apply if the baby remains with his dad John Jack in Santo. A warrant of commitment will issue immediately.

(4) John Jack

It is unfortunate that you too should find yourself involved in all this. But the commission of the offences went on for too long for you not to have noticed anything and be suspicious about it. You permitted it all to happen. Three cheque leaves belonging to CCPL were found in your handbag in your reading book and which was located in your office. More than VT1 million in cash were found in your bedroom. And a Cheque Book belonging to CCPL used by Patricia was kept in a suitcase in your house and in your bedroom. Your Bank Statements for the relevant period shows amounts of money deposited into your account contrary to your evidence that as your business was new that it was not your practice to bank moneys.

You are a first-offender. You have a business which is helping people in Luganville and contributing to the economy of this Country. I accept the prosecutor’s submissions that you too should be sent to jail like your partner, Patricia.

I consider therefore that the appropriate sentences for you is -

(1) For aiding and abetting – 12 months imprisonment

(2) For being an accessory after the fact – 12 months imprisonment

(3) For receiving property dishonestly - 8 months imprisonment. Total imprisonment of 32 months will be served consecutively. However I order that these terms be suspended for a period of 3 years from today under the provisions of the Suspension of Sentences Act CAP 67.

I Order defendants Patricia Rasu, Eric Lapi and John Jack to pay prosecution costs in the sum of VT60,000. A separate Order will issue to this effect. Similarly there will issue Restitution and Confiscation Orders.

All defendants have a right of appeal to the Court of Appeal. Any appeals must be lodged within 14 days.

DATED at Luganville this 18^th day of February 2005.

BY THE COURT

OLIVER A. SAKSAK
Judge.