A delay in the submission by the prosecution has forced the Court to reschedule the sentencing of two Chinese men who have been convicted of stealing more than $70,000 from the A.T.M machines of the Bank of South Pacific.
Yang Quigreen and Zhong Shuiming, who are under police custody, are represented by lawyer, Alex Su’a.
Presiding is District Court Judge Fepuleai Ameperosa Roma.
Yesterday, Lupematasila Iliganoa Atoa, of the Office of the Attorney General, informed the Court that their sentencing submission was not ready.
“Your Honor we are asking if we can adjourn the matter for the prosecution to submit our final submission,” Lupematasila said.
“For your information Your Honor the counsel who was responsible for this matter from the beginning of the hearing is not here.
“She’s been ill and she has been away from our office so just for that reason your Honor we are unable to submit our final submission.”
Fepulea’i then ordered the prosecution to submit their sentencing submission by 12:30 of 23 June.
“The court has received Mr. Su’a’s sentencing submission for the defendants however, the Court has not received any sentencing submission from the prosecution,” he said.
“An application from the prosecution to adjourn this matter has been granted and therefore by Friday afternoon on the 23rd of June prosecution will have to submit their sentencing submission.
“Therefore the matter will be re-called on the 28th of June at 12:30pm to see if there are any other matters arises from the submissions and then the court will decide a sentencing date.”
Last month the pair were convicted.
Judge Fepulea’i pointed out the defendants were initially charged with 16 charges however prior to the trial, they both pleaded guilty to four charges.
These include intentionally accessing A.T.M. without authority; theft of $9,700; theft of $1,000; theft of $12,500. The total amount for this is $23,200.
During the trial, two more theft charges were dismissed, leaving 10 other counts which were the subject of the trial.
For theft charge in the amount of $24,900, they were found guilty in the lesser sum of $19,150; theft of $16,200 they were found guilty in the lesser sum $12,400; theft $6,150 they were found guilty in the lesser sum $3,100; theft of $23,950 they are found guilty in the lesser sum of $11,700; theft of $15,700 they were found guilty in the lesser sum of $1,000.
They were also found guilty of intentionally accessing A.T.M. without authority and intentionally accessing A.T.M. without authority with the purpose of committing a crime of dishonesty.
They were however acquitted of three theft charges, involving two separate withdrawals of $300 each and theft of $20,500. Total amount for these theft charges was $47,350.