Police v Lapana [2021] WSSC 11 (9 March 2021)

SUPREME COURT OF SAMOA
Police v Lapana [2021] WSSC 11

Case name:	Police v Lapana
Citation:	[2021] WSSC 11
Decision date:	09 March 2021
Parties:	POLICE (Prosecution) AND VINNETTA LAGOTO LAPANA also known as VINNETTA SOVALA female of Tapueleele Savaii and Vailima. (Defendant)
Hearing date(s):	-
File number(s):
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Nelson
On appeal from:
Order:	- On each count of forgery, the defendant will be convicted and sentenced to eighteen (18) months in prison, terms concurrent. - On the obtaining by deception charge, convicted and sentenced to nine (9) months in prison, concurrent term. - On each count of using a forged document eighteen (18) months in prison, again all terms concurrent.
Representation:	L Faasii for prosecution T Toailoa for defendant
Catchwords:	- forgery – obtaining by deception – using a forged document -
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

VINNETTA LAGOTO LAPANA also known as VINNETTA SOVALA female of Tapueleele Savaii and Vailima.
Defendant

Counsel:
L Faasii for prosecution
T Toailoa for defendant

Sentence: 09 March 2021

S E N T E N C E

1. There are a number of charges facing the defendant: five (5) counts of forgery, one (1) of obtaining by deception, three (3) of using a forged document making a total of nine (9) charges. Specifics of each charge as follows:
   • (i) On or between the 31^st day of January 2019 and the 01^st day of April 2019 at Mulinuu, made a false document namely Order of Adoption by writing the name and signing the signature of the Family Court Judge Talasa Atoa Saaga, knowing it to be false with intent to make the person should acted upon it as genuine, thereby committed the crime of Forgery.
   • (ii) On or between the 31^st day of January 2019 and the 01^st day of April 2019 at Mulinuu, made a false document namely Order of Adoption by writing the name and signing the signature of the Family Court Judge Talasa Atoa Saaga, knowing it to be false with intent to make the person should acted upon it as genuine, thereby committed the crime of Forgery.
   • (iii) On or between the 31^st day of January 2019 and 01^st day of April 2019 at Mulinuu made a false document namely Application for an Order of Adoption by typing the name and used the signature of Papalii Li’o Seumanutafa Masipau, knowing it to be false with intent to make the person should acted upon it as genuine, thereby committed the crime of Forgery.
   • (iv) On or between 31^st day of January 2019 and the 01^st day of April 2019 at Savalalo knowing the document namely Order of Adoption to be forged, used the document as if it were genuine.
   • (v) On or between the 31^st day of January 2019 and 01^st day of April 2019 at Mulinuu made a false document namely Application for an Order of Adoption by typing the name and used the signature of Papalii Li’o Seumanutafa Masipau, knowing it to be false with intent to make the person should acted upon it as genuine, thereby committed the crime of Forgery
   • (vi) On or between the 31^st day of January and 01^st day of April 2019 at Matafele, by deception obtained $2,600.00SAT from Galo Andrews to process applications for Orders of Adoption, caused loss to Galo Andrews male of Fatausi Savaii and Australia.
   • (vii) On or between the 31^st day of January and 01^st day of April 2019 at Mulinuu knowing the document namely Order of Adoption to be forged, used the document as if it were genuine.
   • (viii) On or between 31 March 2019 and 30 April 2019 at Mulinuu, made a false document namely Order of Adoption by writing the name and signature of the Family Court Judge Talasa Atoa Saaga knowing it to be false with intent to make the person should acted upon as genuine thereby committed the crime of forgery.
   • (ix) On or between 31 March 2019 and 30 April 2019 at Mulinuu knowing the Order of Adoption to be forged, used the document as if it were genuine.
2. The Police summary of facts which has been accepted by the defendant says she is a 37-year-old female of Tapueleele in Savaii and Vailima. Paragraphs 2 to 6 of the Summary describe the victims of the offending who are the people or organisations affected by the defendants offending. The first is the 48-year-old Senior District Court Judge of the District Court of Samoa. The second is a 52-year-old lawyer. The third is a 29-year-old male of Sydney Australia who I understand to be the defendants relative. The fourth and fifth victims are the Ministry of Justice and Courts Administration and the Samoa Bureau of Statistics.
3. Prior to this offending the defendant was a casual worker for the second victims lawfirm as from April 2016. Employment that ended in November 2017.
4. Sometime in November 2019 the third victim came to Samoa and wanted to adopt two children. The third victims wife from Sydney Australia is related to the defendant and she approached the defendant to assist with the adoption papers because she thought the defendant still worked for the second victims lawfirm. The defendant agreed to assist and she was paid $2,600.00 to process the adoptions.
5. Between 31 January 2019 and 01 April 2019 the defendant without the knowledge and authority of her previous employer processed two applications for an adoption order in the firms name. As the names belong to children their identities will be suppressed from publication. But it appears that in relation to both adoption applications the defendant forged the Judges signature and also forged the lawyers signature.
6. Between 21 March and 30 April she then processed these application through the Ministry of Justice and Courts Administration. Where without permission she was able to somehow use the Family Court stamp to stamp the adoption orders to look like they had been signed and sealed by the Court. No doubt she was able to do this because she was previously employed by the lawfirm and she knew the procedures involved.
7. She then took the forged adoption orders to the Bureau of Statistics presented it and obtained new birth certificates based on the forged documents. She gave the forged orders and the new birth certificates to the third victim from whom she had received the $2,600.00.
8. The third victim lodged this paperwork together with an application with the New Zealand High Commission for citizenship of the children concerned. The New Zealand High Commission carried out a due diligence check and found the adoption orders were not registered on the Ministry of Justice and Courts Administration adoption database. They suspected that something was wrong. They rejected the application and informed the third victim of their findings.
9. At which time it was then drawn to the attention of the Ministry of Justice and the lawyer concerned. And I am aware that an investigation was launched by the Ministry of Justice into what occurred which caused considerable distress to the lawyer and lawfirm involved and resulted in this matter being referred to the Police. After investigation the Police apprehended the defendant and charged her with the charges as aforesaid.
10. At mentions on 30^th November 2020 the defendant entered guilty pleas to all the charges. The Summary then concludes by noting the defendant is a first offender.
11. No question the defendants offending is serious it involved the forging of the signature of a lawyer and a District Court Judge. All for financial gain.
12. I accept from the information in the defendants pre-sentence report that she was under a certain amount of financial pressure but that is no justification for her dishonest conduct. Everyone has financial pressures that is no reason to break the law and behave in the manner that the defendant did.
13. An imprisonment penalty must be imposed to hold the defendant accountable and to denounce her conduct. Also to deter her from future repetition and to deter others from following her bad example. The court cannot condone people who forge the signatures of lawyers and judges.
14. The maximum penalty for forgery is ten (10) years obtaining by deception and using a forged document is seven (7) years in prison. I deal firstly with the more serious of the charges that of the counts of forgery.
15. Both counsel in this matter have accepted that a five (5) year start point for sentence is appropriate. I agree with that. From that start point as your lawyer has correctly pointed out deductions have to be made for mitigating factors in your favour.
16. As noted you are a first offender you have a good background as per your pre-sentence report and there are good character references submitted on your behalf. Six (6) months will be deducted for these factors.
17. Apologies have been made to the relevant people. Your previous employer the lawyer noted in his Victim Impact Report

“Ua maea ona fa’atoese ma fa’amaulalo mai o ia i le matou ofisa. Ua maea lava ona feutagai ia ma i laua na afaina. Ua matou taliaina lana fa’atoesega ona o le alofa i si ana fanau ae maise lava i lenei vaitaimi ua taugata le soifuaga i le lava o tupe e tausi ai le fanau.”

18. I also see that you have written a letter of apology to the Judge concerned. I know the Judge she has a good heart I am sure she has forgiven you for what you have done. Six (6) months will be deducted for these matters.
19. I also accept you have reconciled with the third victim and while no independent confirmation of your partial repayment of $1,200.00 has been tendered I will accept your fathers statement to that effect as confirmed by the victims sister in a letter submitted this morning by your counsel. A further six (6) months deduction will be applied for those matters.
20. Pre-sentence report also confirms that your village council has levied a fine which has been paid this must also be taken into account. This is a very important factor twelve (12) months deduction will apply for that.
21. These deductions total up to thirty (30) months leaving a balance of thirty (30) months imprisonment from the start point.
22. Final deduction you are entitled to is for your guilty plea which has saved the courts time and resources. The usual deduction of one-quarter of the balance of sentence which is seven and a half (7½) months will be applied leaving a balance of twenty-two and a half (22½) months in prison.
23. As a gesture of leniency because you have a young family and dependents I will reduce that by a further four and a half (4½) months to eighteen (18) months in prison.
24. On each count of forgery, the defendant will be convicted and sentenced to eighteen (18) months in prison, terms concurrent.
25. On the obtaining by deception charge, convicted and sentenced to nine (9) months in prison, concurrent term.
26. On each count of using a forged document eighteen (18) months in prison, again all terms concurrent.
27. O lona uiga o le aofaiga o le taimi e te nofo sala ai i le toese mo mataupu uma nei e iva (9) Vinnetta e sefulu valu (18) masina. Ae afai sa iai se taimi sa e nofo taofia ai e fa’atalitali le fa’aiuga a le Fa'amasinoga e tatau ona toese mai e le Ofisa o Leoleo mai le sefulu valu (18) masina lena.

JUSTICE NELSON