Tonga’s Chief Justice Malcolm Bishop KC has warned ANZ Bank over its failure to act swiftly in protecting a customer from a major scam, resulting in the loss of $244,500.

The case involved Mr Edgar Cocker, an ANZ customer, who received a suspicious email and contacted the bank to verify its legitimacy.
ANZ confirmed it was a scam and advised Cocker to delete the message—but took no further action to secure his account, court documents show.
The problem was that although Cocker had received advice from ANZ, he had already clicked on the link, inadvertently revealing his bank details.
These details were then used to withdraw large sums from his account, which were forwarded to the three defendants—purportedly by a man who identified himself as Daniel Wilson—with instructions to pay third parties overseas, including in Turkey and the United States, the court was told.
How the Scam Unfolded
Between 6 June and 20 June 2023, large sums were illegally transferred from Cocker’s account to third parties via three individuals: Ifalemi Ma’u, Kalolaine Kavaefiafi, and Siua Mafi Kavafono’atu.
Wilson claimed he was the Director of the Human Resources Department for Lina Interiors, and he sent them fraudulent letters of appointment offering them roles in a scheme.
In the email, Wilson claimed:
“Our company is looking for reliable, efficient, and dedicated people in Tonga who will represent the company’s interests and carry out basic objectives, as we have no branch there. The work is flexible, home-based, and can be done by anyone without interrupting their daily activities.”
He also offered a basic salary of US$4,500 starting from the first month, with an increment to US$5,500 after the eighth month of successful transactions.
Unknowingly, the trio received stolen funds and were instructed to forward the money elsewhere.
Call for Bank Accountability
Justice Bishop expressed dismay at the bank’s inaction, stating, “I would have thought that with a valued customer with this substantial credit balance, the bank would have taken immediate steps to freeze the account and then got in touch with Mr Cocker to find out what was going on. But they did neither—in fact, they did nothing, and as a result, a substantial sum of money was removed from the account.”
Judge Bishop said he hopes the bank will reconsider its position so that Mr Cocker does not suffer further loss. He added that the bank should also consider revising its scrutiny procedures to ensure such incidents do not happen again.
It is unclear whether ANZ had offered Cocker any compensation.
Court’s Decision on the Defendants
The three defendants faced charges for receiving stolen funds and money laundering.
The stolen money never belonged to Lina Interiors and was illegally obtained from Cocker’s account, the court documents show.
Justice Bishop ruled that the three defendants could not be convicted, as the prosecution failed to prove beyond a reasonable doubt that they knowingly participated in the scam.
The judge then said: “For the avoidance of doubt, based on the evidence now before me and applying the criminal standard of proof, I find that all three defendants, namely, Kalolaine Kavaefiafi, Ifalemi Ma’u & Siua Kavafono’atu are not guilty of their respective charges and are hereby acquitted.”