Sefo Tama Tuala and Jason Ah Chong have been charged with theft as a servant while working at a company in town.
Before Chief Justice, His Honour Patu Tiavasue Falefatu Sapolu, the pair pleaded guilty to stealing $1,386.33 worth of goods while they were employed at Amau Wholesale.
Leone Su’a Mailo was the prosecutor. According to the summary of facts the incident, occurred on the 21st of June at Matafele. The pair took 1 box of sunflower seeds, 2 boxes of colgate, 3 dozen jars of peanut butter, 6 boxes of tobacco and 4 dozen jars of mayonnaise.
During the summary of facts, police charged Mr. Tuala and Mr. Ah Chong with two charges - one of theft as a servant which they pleaded guilty to and one of burglary to which they pleaded not guilty.
Chief Justice Patu then asked the pair how they were able to obtain all the goods in question if they were denying the burglary charge.
“Your Honour, we brought the goods in question outside during working hours,” said Mr. Tuala.
“When we finished work we went home but we came back to collect all the goods in question from outside.”
Chief Justice Patu then told the prosecutor that there was no burglary in the incident, however Ms. Mailo argued for the matter to be adjourned to the following week for prosecution to decide which charge should be suitable for the unlawful entry of the pair.
“The goods in question were brought out of the building while the defendants were working and after knock off time they went home and came back to collect them,” said CJ Patu.
“Therefore all these actions fall under the theft as a servant charge which they pleaded guilty to.
“I can’t rewrite the whole charge of burglary to unlawful entry because it is part of theft which they pleaded guilty too.”
The burglary charge was then withdrawn by the prosecution.
The matter is set for hearing on the 7th of August before Justice Mata Tuatagaloa and a report is expected from the probation officer