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Court Report

Translated by Samoa News staff

IOSE LIAINA JR.

Chief Justice Michael Kruse has told a prosecutor that the government shouldn’t give the response of “I don’t know” many times, when asked about issues the court wants further details on. Kruse’s comments were made during last Friday's probation review hearing for Iose Liaina Jr., with the CJ also saying that the prosecutor represents the government and should have answers.

Liaina informed the court that due to his immigration papers not being in proper order, he was working as a contractor for a relative’s company, and his take home pay is small, making it difficult to make ends meet — paying his required court fine as well as taking care of his wife and two children.

Kruse had asked Liaina why he hadn’t paid a court fine, which was part of his probation conditions, to which the defendant responded, that he only gets about $100 a week and it’s used to care for his family, and it’s not a permanent job.

The defendant then requested the court for a chance to be released from custody so he could fix his immigration papers and find a permanent job that can help pay for the fine as well as support his family.

Kruse asked assistant attorney general Gerald Murphy how Liaina was able to work while his papers are not in order and the government attorney responded, “I don’t know.”

The CJ in response asked Murphy why he doesn't know when he is the representative of the government, as well as the Immigration Officer in court and that Murphy should have a full understanding of the issue.

Murphy responded that it’s not the government’s responsibility to make sure the defendant’s immigration papers are in order. He said the court gave the defendant three weeks to fix his papers but it appears nothing has been done.

Kruse directed Murphy as well as Liaina’s attorney, Public Defender Michael White to find the answer to the court’s concern as to why the defendant is able to work while his immigration papers are not in order, before a decision is rendered on a sentence for Liaina’s failure to comply with all conditions of his probation.

He recommended that the government take a look at the Immigration Office when it comes to employers, who employ individuals on probation to ensure that the situation faced by Liaina is prevented from spreading or occurring.

During the hearing, Liaina’s legal counsel, assistant public defender, Michael White argued for release of the defendant to find a permanent job to pay the fine and care for his family, as recommended by the Probation Office. The request was denied and Liaina remains in custody while another hearing is scheduled for next week.

HUSBAND SENTENCED TO 15 DAYS IN JAIL

A 36-year old man accused of assaulting his wife has been sentenced by the Family, Drug and Alcohol Division of the High Court to serve 15 days in custody, after he pled guilty to two misdemeanor counts of third degree assault.

According to court information this is the second time the husband has been charged with third degree assault, with the first happening in 2014 when he assaulted a 20-year-old man, who swore profanity towards his sister. He was then sentenced to 12 months probation, under several conditions, including that he be a law-abiding citizen.

However, last December he was taken into custody for assaulting his wife on Christmas Eve 2016. The assault occurred after the husband arrived home intoxicated and there was no food. Thereafter an argument between the couple ensued and the husband then assaulted his wife, according to court information.

During sentencing hearing last Friday, the defendant was sentenced to 24 months probation under the condition that he serve 45 days at TCF. However, execution of the jail term was that the defendant serve only 15 days — which includes five days of pre trial confinement.

Other conditions of probation include that he is prohibited from making any contact with his wife, or trying to threaten her in any way, as court records show that the wife had filed for a divorce. The defendant has also been ordered to pay $100 and to attend as well as complete anger management counseling.

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

MORE PROBATION VIOLATORS END UP AT TCF

More individuals who were serving probation are back in jail for failure to comply with all conditions set by the court. One of them is Anthony Sioka, who will be sentenced May 5 after being convicted last Friday for probation violation — which included failure to visit the Probation Office once a month as required by the court.

Sioka was convicted in 2013 for having sexual contact with a minor and was placed on seven years probation, with several conditions attached. Among the conditions is the defendant serves a certain period of time in jail (which is already completed), must be a law-abiding citizen, and is barred from consuming alcohol. However, court records show that Sioka was charged last June with misdemeanor public peace disturbance, another probation violation.

The second case involves Williams Upunei, who failed a recent drug test that was administered when he checked in with the Probation Office. He has been on 5 years probation since last year in connection with a burglary case.