Ads by Google Ads by Google

Court Report

[SN file photo]
Translated by Samoa News staff

SEMI SAGO

A Department of Public Safety officer, accused of assaulting another person last June, was recently sentenced to serve 30 days in prison, as a condition of his 12-month probation.

Semi Sago was charged early last month with one count each of public peace disturbance and third degree assault - both misdemeanors.  However, he pled guilty to the assault charge while the other count was dismissed.

During sentencing, District Court Judge Fiti A. Sunia noted that the defendant is a police officer, who was sworn to uphold the law and protect the community. However, he said, Sago’s actions were not in accordance with the law; and although he is a sworn police officer, Sunia said the defendant is not above the law.

Other conditions of probation include Sago being a law-abiding citizen, and attending and completing anger management counseling.

According to court documents, Sago was wearing his police uniform when he assaulted a man at an auto shop.

LEGA OA-VILIAMU

The High Court has given Lega Oa-Viliamu  time to think about her sworn testimony given to judges on her plans to repay just over $40,000 she stole from her former employer, or otherwise, face imprisonment of seven years.

Oa-Viliamu appeared in court last Friday for sentencing, after failing to comply with conditions of her probation handed down in 2013, after she was convicted of stealing.  Among the conditions of probation was for Oa-Viliamu to pay a court fine, as well as the more than $40,000 she stole from a former employer.

The court has opted to give Oa-Viliamu another chance to repay the money she stole, after hearing her testimony, as well as arguments from her defense attorney, Public Defender Douglas Fiaui.

In her sworn verbal testimony, Oa-Viliamu told the court that because she has been unable to get a job to repay the money she stole and the fine ordered by the court, her family has agreed to help her in making payments. She shared with the court her eagerness to find employment but because of her conviction, it has been very hard to find work in order to repay the money, pay the court fine, and help her husband care for their three children.

Oa-Viliamu is also six months pregnant.

She informed the court of her plans to pay $800 a month and said her husband, her brother, as well as 2/3 of her mother’s monthly Social Security benefit check will go towards the monthly payment plan.

Fiaui pleaded with the court to give his client another chance to pay the money.

Acting Associate Justice Elvis P. Patea recalled that when Oa-Viliamu was sentenced on Feb. 25, 2013 - for stealing - the judges looked at imposing a 7-year prison term. However, the court instead placed Oa-Viliamu on 5 years probation, with several conditions, which included serving 28 months in jail, paying a fine of $2,000 and restitution of $43,058.04  - which is the total amount that she stole from her former employer.

She was also given one month - after the date of sentencing - to provide for the court details on how she will pay restitution and the court fine.  When she appeared in court 30 days later - on Mar. 25, 2013 - she agreed to make monthly payments of $750 because at the time, she had found a new job at a local company.

With the defendant’s payment plan at the time, the court reduced her jail time to 15 months, under the condition that she pay restitution and the court fine in four years time.

The four years ended Feb. 25, 2017.

Based on court information, Oa-Viliamu has only paid $880

Patea told Oa-Viliamu that the court has little confidence believing her testimony on how she will be paying restitution and the court fine going forward, because in the last four years, she has only paid a total of $880.

Patea has ordered Oa-Viliamu to make monthly payments of $800 within the next six months and if she fails to do so, she will be sent to jail for seven years - as initially intended by the court in 2013. Patea has scheduled a probation status hearing for later this year on Dec. 14 to find out whether Oa-Viliamu has complied with the $800 monthly payment order.

SIAOSI IEREMIA

The High Court has continued to July 6 the change of plea hearing for Siaosi Ieremia, because of several provisions of a plea agreement between the defense and government, on which the court wants further clarification.

The government has three separate cases against Ieremia, with the first two cases currently before the High Court, while a new case - the third one - was filed recently with the District Court.

According to court information, the defendant is facing various charges including first-degree burglary and felony stealing.

It was in 2014 that Ieremia was convicted of stealing, and subsequently sentenced to 5 years probation. Earlier this year, he was charged in two separate cases both involving burglary and stealing. These two cases are the ones in High Court and has prompted the Probation Office to file a motion to revoke Ieremia's probation from the 2014 sentence.

Ieremia appeared in High Court last Friday for probation violation.

The government informed the court that it has reached a plea agreement with Ieremia who will plead guilty to stealing and burglary. In exchange, the government will move to dismiss all other felony charges - including those pending in District Court - against the defendant, who remains in custody unable to post bail.

However, Acting Associate Justice Elvis Patea pointed out that the District Court does not have the authority under the law to dismiss felony charges, only the High Court.

Patea said the District Court’s role is to find probable cause that a crime was committed and the final restitution of a felony case rests with the High Court.

Ieremia’s attorney is Public Defender Douglas Fiaui and prosecuting the case is Assistant Attorney General Bob Pickett .