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Court Report



Chief Justice Michael Kruse has scheduled a jury trial for Michael Tolmie who is being charged with three counts of embezzlement on allegations that he misappropriated funds from New Dimension Company. Trial is set for May 2014.


During his pre trial conference, Tolmie, through his attorney Public Defender Douglas Fiaui, asked the court to set a jury trial date. According to the government’s case, a representative of NDC provided copies of cashed checks and bank statements showing numerous ATM withdrawals and debit card transactions spanning from November 2009 to July 2010, all of which were allegedly done without permission or authorization of the company, nor were they for the company's use or benefit.


The company requested a snapshot of the corporation’s financial status from Tolmie on July 15, 2010 but on that date, Tolmie requested an additional five days to combine the needed bank statements. When the company checked their internal accounting program on the desktop used by Tolmie's co-worker (who is also his co-defendant and yet to be arrested), some accounts were remarkably different than the default accounts and names, and there were also a number of errors that appeared “fraudulent in nature”.


Tolmie's co-defendant was terminated on July 27, 2010.


The NDC representative met with an official from Bank of Hawai’i and requested copies of cancelled checks for auditing purposes. It was revealed at the time that there were numerous unauthorized checks written by Tolmie for himself and the checks were all endorsed by him.


According to the government’s case, the debit card transactions included payments made in Hawai’i to a storage center in the amount of $516.37; various payments to local restaurants, bars, a hardware store, a hotel in Samoa totaling $774; a couple for handicrafts in Samoa in the amount of $209.67, and a spa in Samoa was also charged in the amount of $83.30. The total of the debit card expenses, according to court documents is $2,902.34.




A Port Administration employee who was caught driving a government vehicle while his driver’s license was suspended for a DUI was sentenced to 90 days in jail, after he was convicted of felony driving.


Alesana Peko was ordered by District Court Judge John Ward on Thursday to turn himself in before 6pm at the Tafuna Correctional Facility Friday evening.


During sentencing the defendant apologized for his actions and pleaded with the court to give him another chance. Ward revoked the defendant’s driver’s license for life and ordered him to pay restitution, which could be between $400 and $1,200 - depending on what the government imposes to fix the damaged vehicle.


Peko was also ordered to pay a fine of $2,000; however, the court deferred $1900 and the defendant was ordered to pay $100 - which will be taken from the $500 bond he posted.


Peko will be out on work release from 7am to 5pm while serving his sentence. A felony driving conviction carries a mandatory jail term of 90 days.




A man who allegedly broke into a home and touched a girl inappropriately was arraigned in the High Court last week. Lemoe Naseru is charged with second degree burglary.


According to the government’s case, Naseru is alleged to have broken into a home where he inappropriately touched a girl who was sleeping on the sofa.


Court filings say the defendant was apprehended by family members who were awoken by the girl's screams.


The defendant entered a plea of "not guilty" during his arraignment. His pre-trial conference has been scheduled for next month and bail is set at $10,000.