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Court Report

Translated by Samoa News staff

19-YEAR-OLD JAILED FOR SEXUAL ABUSE

A 19-year-old young man accused of having sexual acts with a 14-year-old girl has been sentenced to 20 months imprisonment, which is one of the conditions of his five-year probation. The High Court has also ordered that the defendant is not to be released from the Territorial Correction Facility under any condition without prior court approval or due to a medical emergency in which the defendant is taken to the hospital.

Lalopau Lopa was initially charged with three felony counts — rape, sexual assault and first-degree sexual abuse. Under the plea agreement read in High Court in August this year, the defendant pled guilty to first-degree sexual abuse. At the time, the court took the plea agreement under advisement and ordered a pre sentence report. The court also sought additional information from the government on the case.

For the guilty plea, the defendant admitted that he allegedly twice had sexual acts with the victim in December last year and once in June this year. If the court accepted the agreement, the government would move to dismiss the other two charges.

Lopa, who has been in custody unable to post bail, appeared last Friday for a plea hearing where Chief Justice Michael Kruse announced that the court had accepted the plea and the other two felony charges are dismissed.

Prior to sentence being handed down, Lopa apologized to the court for his crime and requested for a chance to return home to take care of his parents and find a job. He also apologized to the victim and her family and asked them for forgiveness.

Lopa’s attorney, assistant public defender Michael White sought leniency and requested a probative sentence, for a young man, who’s mind and thinking is still that of a young person and has not reached maturity. White asked the court to give his client a chance to turn his life around.

However, assistant attorney general Jerard Murphy argued for jail time as a lesson, saying that although the defendant is a young man, but he should understand the seriousness of his crime — sexually abusing a 14-year-old minor.

Murphy further argued that a sentence of imprisonment is appropriate for anyone who commits sexual acts on minors.

Besides the jail time, the defendant has been ordered to register as a sex offender and take the HIV test.

Court records shows that Lopa’s immigration ID - a “P5” - expired Oct. 20 of last year and Kruse told Murphy that a copy of the court’s decision and ruling on this case be provided to Attorney General and Immigration Office, so they are aware of Lopa’s current immigration status, which has expired and to take into consideration necessary steps to address this issue.

The court didn’t order the defendant to be deported to his home country of Samoa after serving the required jail term, and as such there is a still a chance for the defendant to renew his expired immigration ID, through a court order giving the defendant’s sponsor 90 days to comply with local immigration laws, by renewing Lopa’s immigration ID.

During the sentencing hearing, Kruse was flanked on the bench by associate judges Fa’amausili Pomele and Muasau Tasina Tofili.

LINO PENITITO

The High Court has continued for one week sentencing for Lino Penitito while additional information is being sought as to the status of the goods and property the defendant allegedly stole from Tri Marine International, and if any of the stolen property has been returned to the company, in order for the court to fashion an appropriate sentence for the accused.

Under a plea agreement with the government Penitito pled guilty to one count of felony stealing, a crime punishable by not more than 5 years imprisonment, or a fine of $5,000 or both. The defendant appeared last Friday in court for sentencing hearing where he sought leniency, and for a chance to be released from custody to return home to care for his family and turn his life around.

Penitito also told the court that he is remorseful for his crime and he now fully understands that what he did was very wrong.

The defendant’s mother-in-law, who provided character witness testimony, pleaded with the court to give Penitito another chance in life and let him return home to be with his family. Through tears and a quivering voice, the mother-in-law explained to the court that although Penitito is her daughter’s husband, the defendant is considered a blood-member of the family.

While alcohol and cigarettes is not allowed in her family, the mother-in-law said the defendant is faced with these weaknesses, and that it’s very difficult for her to prohibit the defendant from alcohol and smoking because that is Penitito’s rights as an individual to make his own choices.

Penitito’s attorney assistant public defender Michael White argued for a probative sentence; however he requested work release if the defendant is given a jail term. He said work release would allow Penitito to work and earn money to help his family, while serving his time in jail as well as paying any fines imposed by the court.

Although the government is not opposed to a probative sentence, assistant attorney general Jerard Murphy said there should be an order for the defendant to pay for Tri Marine goods and property that he stole.

However, the court wasn’t able to determine during hearing as to the value of the goods and property stolen, what was stolen, and whether any of the goods stolen were returned to Tri Marine. Therefore another hearing is set for Nov. 25th for the defendant, who remains in custody unable to post bail.

ANOTHER NEW DOMESTIC VIOLENCE CASE

Despite the holidays looming, starting with Thanksgiving this Thursday, another new case of domestic violence has landed in District Court and this time it’s a 36-year-old man, who made his initial appearance the middle of last week. He is accused of assaulting his wife.

To protect the victim, Samoa News does not identify the defendant — the husband — by name.

According to court information, the couple got into in an argument after she became suspicious that the husband was communicating with another woman on the phone and through social media, such as Facebook. And she started questioning her husband, who got angry and punched the wife in the face and pulled her hair.

It was the wife’s loud screams for help, that prompted neighbors to call police, who noticed a strong order of alcohol coming from the defendant when he was taken into custody.

The husband is charged with two misdemeanor counts of third degree assault and private peace disturbance in the family.

While the defendant is released on his own recognizance, the court has prohibited him from returning to the family home and was ordered to find another place to stay as his case proceeds through the judicial system. Other conditions of his release are to be a law abiding citizen and not to consume alcohol.

(Original Samoan stories published on weekend online edition of Samoa News at www.samoanews.com)