Nuku’alofa, Tonga—The Supreme Court of Tonga has convicted ‘Ofa ki ‘Alaki Fo’ou Tokelau of obtaining $17,000 TOP by false pretences from victim Elisi Sikulu, in a fraudulent vehicle purchase scheme.
The ruling, delivered this week, concludes a case that began in September 2022 when Tokelau deceived Sikulu with promises of importing a red Toyota Dyna Double Cab from Japan.
During the trial, Sikulu, a 31-year-old weaver, testified that she agreed with Tokelau, making weekly payments of $1,000 every Friday until she had paid $17,000, part of a discounted total price of $25,000 for the vehicle.
Tokelau assured her that the truck would be shipped to Tonga once half the amount was paid.
The agreement, initially verbal, was later documented, and Sikulu received receipts for each payment. She stated that Tokelau showed her images of vehicles to choose from and even provided a written contract referencing deposit terms.
However, as months passed, Tokelau repeatedly claimed he was “waiting for the shipment” while Sikulu continued her weekly payments.
The promised delivery date—by Christmas 2022—came and went with no vehicle arriving.
Prosecutors argued that Tokelau never intended to fulfil the order, instead pocketing Sikulu’s hard-earned savings.
Payment Discrepancies Undermine Defence
The court noted the defendant’s lack of legal representation, which disadvantaged him during proceedings.
Tokelau stated that the original agreement required Sikulu to pay $25,000 to order the truck. However, on 5 September 2022, Sikulu informed him she could not pay the full amount upfront but offered a $6,000 deposit, with the balance to be paid weekly.
He claimed he explained to Sikulu that he needed sufficient funds to deposit with suppliers in Japan before ordering the vehicle. According to Tokelau, he contacted Ali International, a supplier, to inquire about arranging incremental payments for the truck.
Tokelau testified that the Japanese suppliers informed him the Toyota Dyna was unavailable unless full payment was made. They instead offered a Toyota Toyoache as a replacement. He stated he agreed to this change due to delays in receiving Sikulu’s deposit.
On 16 November 2022, Tokelau claimed he made the first deposit payment of $5,047.27 to Ali International for the replacement vehicle.
Tokelau asserted that Elisi agreed to pay $1,000 weekly but often paid less, prolonging the process.
Judge Rejects Defendant’s Claims
However, the judge found this claim “wholly inconsistent with documentary evidence”.
Receipts produced by Sikulu confirmed she made regular $1,000 TOP payments, with only one exception of $500 on 29 November 2022.
Justice Garlick KC said he was sure that in the course of dealing with Sikulu between 2 and 5 September 2022, the defendant represented to Sikulu that he would order the vehicle and that it would be delivered to her in Tonga from Japan within a period of four months.
He said that when the defendant made those representations, he had no fixed intention to order the vehicle and did not believe that it would be delivered to Elisi within four months.
“By making those representations, the defendant intended to deceive Elisi.
“By making those representations, the defendant obtained the sum of 17,000 TOP from Elisi.
“Accordingly, I find the prosecution has proved its case against the defendant on the single count that he faces.”
