Judge ignores call to send fraudster to jail

A judge earned a round of applause in a South Auckland court yesterday when he ignored a call for a convicted fraudster to go to prison and sentenced him to community work.

James Papali'i, a South Auckland community worker, former Manukau City councillor and now a suspended university lecturer, was sentenced to 350 hours of community work.

Judge Charles Blackie told the Manukau District Court he had been swayed by the level of support in court, what he had read and what was said in court about Papali'i.

Papali'i had been found guilty of 15 charges of dishonesty, including one of theft, seven of forgery and seven of using a document.

The charges followed his term as a founding trustee of the Whare Nui Sports Trust and included money he took for a salary and to buy a new canoe the trust needed. Papali'i had paid back the $25,000 salary.

His lawyer, Panama Le'au'anae, said in court yesterday that the other trustees had agreed Papali'i should be paid a salary but it had come out of funds destined for "bricks and mortar".

Prosecutor Shane Walsh said the starting point for sentencing should be a jail term of between two years and three months, and two years and six months.

But Mr Le'au'anae said it was not a case where the court should throw the book at his client. Papali'i had taken shortcuts where he should not have taken shortcuts. There was little risk of him offending again.

"He has learned his lesson and has had the wrong 15 minutes of fame," Mr Le'au'anae said.

Media commentator and former Alliance MP Willie Jackson told the court he had known Papali'i for 30 years.

He had made a huge contribution to the people of South Auckland and was one of the "unsung heroes" of the area.

"I just can't express how much he has done for the South Auckland community. He is guilty of stupidity, not of corruption," Mr Jackson said.

Former Samoan and Auckland rugby prop Peter Fatialofa told the court nothing would be achieved by sending Papali'i to jail.

The judge said technically Papali'i was entitled to a salary but he was not entitled to dip into trust funds to be paid.

"That is where you allowed honesty to become dishonesty."

Papali'i forged signatures on several cheques and had breached a trust to let other people down. He said there was no attempted deception other than the forged signatures.

The judge said he was persuaded to draw back from his original starting point of a jail term of more than two years and impose a sentence of community work.

Papali'i's supporters burst into applause.

"Thank you, Your Honour," said the accused.

The judge told Papali'i he would have to start again to restore the confidence people once had in him.

After the sentencing Papali'i said he had expected to go to jail.

He said the sentence would not change his mission in life to help at- risk young people but he would never go near the finances of the job again.

"I have learned that lesson but working with youth is my passion."

Many of the hundreds of youngsters he had worked with would probably have ended up in prison had they not been helped.

"I believe in any youth, any nationality, it doesn't matter."

He said the judge gave him faith in the justice system.

"I always thought he was going to put me away but at the end of the day he saw things the way it was. I view it as a punishment but I will try to make a difference with it."

- NZPA