Woman who embezzled more than SBD1.3 M while serving as a teacher handed a four- year jail term, has 14 days to appeal sentence

The teacher who stole more than $1.3 million in public funds has been sentenced to four years imprisonment by the Honiara Magistrate’s Court.

Principal Magistrate Emily Zazariko Vagibule Pakoa handed down the sentence on Monday after previously convicting Cecilia Tome of one count of Simple Larceny following a re-trial. 

The re-trial was ordered after a successful prosecution appeal against her 2021 acquittal on an earlier charge of embezzlement.

In her sentencing remarks, the magistrate described Tome’s conduct as an extremely high-level of dishonesty, which was carried out deliberately over a period of seven months.

“She enjoyed the wrongly deposited funds that she knew very well were beyond her entitlements and made no efforts or attempts to restore them,” the magistrate said.

Principal Magistrate Pakoa said Tome embarked on what she described as a “spending spree,” believing that no one would ever find out.

The court noted that the offending involved repeated withdrawals and transfers over an extended period and was not a one-off lapse.

Court records show that Tome received over $3 million in erroneous payments into her ANZ bank account between December 2017 and July 2018. 

The court heard that instead of reporting the overpayments, Tome withdrew and transferred approximately $1.38 million for her personal use, including constructing two houses and covering other expenses. 

After the Ministry of Finance and Treasury (MoFT) discovered the overpayments, more than $2.4 million was recovered. 

The magistrate noted that, had MoFT not detected the error, Tome could have withdrawn the remaining funds for personal use.

“Her greed and ignorance no doubt contributed to the budget deficit of this country at the material time,” Magistrate Pakoa added.

While placing primary responsibility on Tome for her actions, Principal Magistrate Pakoa also highlighted the role of the payroll officer who mistakenly deposited the money.

She acknowledged MoFT’s failure to implement proper compliance and monitoring procedures contributed to the circumstances that allowed the offending to occur.

“Both the Ministry of Finance and Treasury and the Defendant bear the blame in these circumstances,” she said.

In aggravation, the magistrate highlighted the exceptionally large amount of money stolen, the fact that the funds were public money and Tome’s position as a government employee entrusted to educate young children.

“The defendant acted totally opposite to the standards of integrity expected of her as an educator,” the magistrate said, adding that her actions contributed to a significant shortfall in public funds meant to support essential services.

The court also noted there was no voluntary repayment or disclosure by Tome and that restitution only occurred after investigations were initiated.

In mitigation, the court took into account that Tome was a first-time offender, cooperated with police investigations, and has three children whom she supports as the sole caregiver following her separation from her husband.

However, the magistrate ruled that the seriousness of the offending outweighed these mitigating factors.

“The amount stolen, the breach of trust, the prolonged period of offending and the high level of dishonesty warrant a deviation from the usual sentencing range,” Principal Magistrate Pakoa said.

She rejected the defence’s request for a suspended sentence, ruling that the law does not allow suspension where the sentence exceeds two years.

The magistrate set a starting point of four years imprisonment, stating that existing sentencing benchmarks were inadequate to address the seriousness of the case and current community expectations.

“This case serves as a reminder that riches cannot be gained overnight, but rather through hard work and unbearable sacrifices.

“A lifestyle founded on dishonesty is not permanent and only brings shame and disgrace when our unethical and unlawful actions are brought into the spotlight,” she said.

Tome was sentenced to four years imprisonment, with time already spent in custody to be taken into account. 

She has 14 days to appeal the sentence.

Ben Alasia of Public Solicitor’s Office represented Tome, while Public Prosecutor Sabrina Habu appeared for the Crown.

By ASSUMPTA BUCHANAN
Solomon Star, Honiara