SOLOMONA TUIA

A man has been charged in connection with the death of an elderly woman last month in Pago Pago.

Solomona Tuia, whose bail is set at $5,000, made his initial appearance in District Court yesterday, where he is charged with one felony count of vehicle homicide and two misdemeanor counts of reckless driving and failure to repair breaks to his vehicle.

The felony count is punishable by not more 5 years imprisonment, or a fine of not less than $5,000 or both. Tuia, who was in custody as of yesterday afternoon, returns to court this morning to find out a date for his preliminary examination hearing. If he is able to post bail, he is prohibited from driving a car, while his case goes through the judicial process.

Court information says the charges against the defendant stem from an incident last week Wednesday, when Tuia was driving a car from Fagasa and was heading down hill in Pago Pago. The car reportedly had problems with its breaks and was unable to stop heading down hill and allegedly hit the elderly woman, who was then taken to the hospital where she passed away.

WIFE BEATER GETS JAIL TIME

A man accused of assaulting his wife late last year, has been sentenced by the District Court to serve two consecutive weekends at the Territorial Correction Facility, starting this weekend.

To protect the victim, Samoa News does not identify the husband, the defendant, in these types of domestic cases.

Prior to handing down sentencing early this week, the defendant, convicted of misdemeanor third degree assault, apologized to the court and sought leniency so he could return home to be with his wife and improve their marriage as their relationship has been severed since December when he was arrested, and the court prohibited him from making any direct or indirect contact with the victim, his wife.

However, the government informed the court that the wife does not want to resume her marriage or have any contact with the defendant, because she is scared of him because he beats her and treats her like a slave.

Court information states that the defendant was taken into custody last December for assaulting the victim, who told police that her husband came home intoxicated and started questioning her about where all the money has gone that was given to her to purchase food for the family. The defendant then pulled her hair and started punching her in the face.

She also told police that her husband had assaulted her several times before, especially when the defendant comes home intoxicated at the end of the week. She told police that she is suspicious that her husband is using illegal drugs — such as marijuana and crystal meth because of the husband’s friends — some of whom are suspected of taking illegal drugs in their neighborhood.

The two-weekends in jail is one of the conditions that the court set for the defendant’s 12-month probation. Other conditions require him to pay a $125 fine, and he is prohibited from threatening or assaulting his wife, barred from consuming alcohol or drugs and subject to random drug and alcohol testing. He was also ordered to attend and complete anger management counseling.

The court told the defendant that the court does not tolerate abuse and violence against women and children and it’s the court’s responsibility to protect and keep safe victims of such crimes, including treating victims like slaves.

LAFAELE APELU

The High Court is expected to render next week a decision on Lafaele Apelu, who violated conditions of probation set by the court more than two years ago.

Apelu had plead guilty to second degree assault and was sentenced in July 2014 to five years probation under several conditions, which included that he serve 20 months in prison, pay a $1,000 fine, and upon release from jail, not to violate any other law and visit the Probation Office once a month.

However, after serving only 12 months he was released by the court, which waived the remaining 8 months confinement as long as Apelu abided with all conditions of his probation.

But in January this year, Apelu was taken into custody and charged in District Court with public peace disturbance, which stems from an incident during a drinking party. The court then learned that Apelu is on probation from 2014, and records revealed that Apelu had not visited the Probation Office for six months.

During a probation review hearing early this week, Acting Associate Justice Elvis P. Patea told Apelu, who was found guilty of violating probation conditions, that the court had given him a chance at the time he was sentenced in 2014 when the defendant asked for a chance to change his life, but it appears Apelu did not take this seriously.

Apelu remains in custody and returns to court later next week when he will learn his fate for violating conditions of his probation.

During Apelu’s probation review hearing, Patea was flanked on the bench by associate judges Fa’amausili Pomele and Muasau T. Tofili, while the prosecutor was assistant attorney general Gerald Murphy and the defendant was represented by assistant public defender Michael White.