Notorious car trader Filimone Toāaho has been given a two-year suspended jail sentence after he failed to deliver 20 vehicles promised to be imported under the ownership of the owner of a finance company.
Toāaho, 40, had borrowed TOP$17,767.81 to purchase the motor vehicles from Japan.
As security, he pledged ownership of the vehicles in favour of the complainant.
Toāaho agreed to sell the vehicles, save for two which were to be retained by the complainant, repay the loan from the proceeds of the sales and retain the balance. The complainant agreed.
Accordingly, on 3 November 2017, the complainant arranged for a telegraphic transfer of the funds to SBT Japan.
By March 2018, the complainant had not received the vehicles. Taoāaho told the complainant that the ship had been delayed. However, later that same month, an associate of the convict informed the complainant that the vehicles in question had arrived from Japan but that Toāaho had sold them to other car dealerships.
A representative of the shipping company confirmed that the Defendant had changed the ownership of the 20 vehicles from the complainant to two other car dealerships. When confronted, Toāaho purported to explain that he had changed the ownership of the vehicles to the other dealerships because the complainant had not advanced all the money he 2 requested . The complainant refuted that explanation and told the Defendant that if she could not receive her vehicles, she wanted her money back.
He was convicted by Chief Justice Whitten of theft and is sentenced to 12 months’ imprisonment.
The sentence is to be fully suspended for a period of 2 years from this day, on the following conditions, namely, that during the period of suspension, To’aho is to:
(a) not commit any offence punishable by imprisonment;
(b) be placed on probation;
(c) report to the probation office within the next 48 hours;
(d) perform 60 hours of community service as directed by his probation officer;
and
(e) pay the complainant (by payment into court) the remaining balance of $2,924.56 by 30 July 2021 .
“Failure to comply with any of the above conditions may result in the suspension being rescinded, in which case, the Defendant will be required to serve the balance of his sentence”.
Presentence report
His presentence report said Toāaho is the second eldest of five children . He was raised in a good family. Both his parents were primary school teachers. He was well educated and received a diploma in teaching.
Toāaho is no stranger to car trading controversy and court.
He previously appeared in court after he reportedly failed to deliver eight vehicles purchased by a customer.
in that case, Toāaho of Tokomololo and co-accused Lesieli Langi were jointly charged with criminal conspiracy with intent to defraud $17,767.81 after the customer did not received the vehicles in November 2017.
AsĀ Kaniva newsĀ reported in 2016, the Holonga VavaŹ»u Development Committee did not receive their TP$23,000 refund from ToŹ»aho and his Super Cheap car dealership despite a court order.
The money was paid after Super Cheap promised it would provide a passenger bus bought by the Committee.
FAKAMATALA FAKATONGA
Kuo tauteaāi āe he āEiki Fakamaau Lahiā āa Filimone Toāaho taāu 40 āa ia Ā kuo āiloa ki hono kÄkaaāi āo e kakaiā āi he malaāe āo Ā e fakatau meāaleleā ke ne ngÄue pÅpula mÄhina 12 kae toloi kakato āi he taāu āe ua. Ko e tautea āeni hili āene alea mo ha kautaha nÅ ke āoange āa e paāanga āe TOP$17,767.81 ka ne hu mai āa e meāalele āe 20 mei Siapani āi he hingoa āo e tokotaha āaāana āa e kautaha nooā. Ne kei tali e tokotaha ko āeni ki he alea ta ko Ä kuo āosi tuāuta āi Tonga āa e āÅ« meāalele kae liliu āe Toāaho ia āa e āounasipiā āo fakatau āe ia ki he tila kehe āa e āÅ« meāaleleā ni. āOku āikai ko haāane toki hÄ āeni āi he fakamaauāangaā fekauāaki mo āene taāefaitotonu āi he alea fakatau meāaleleā.
