In a unanimous decision by the Ofu Village Council last Sunday, Malae Tau Malae has been banned from his village council and county, given that the Chiefly Title “Malae” has been tarnished by Tau’s actions, according to High Talking Chief Le’i Sonny Thompson in response to Samoa News queries, after receiving calls from Ofu residents.

Tau Malae will not be recognized in the Village Council and County, as possessing the Talking Chief title “Malae”, explained Le’i.

Other chiefs of Ofu who attended the meeting told Samoa News, that Malae was present at the meeting in question, which was held at the Le’i guesthouse in Ili’ili. (They did not wish to be named.)

Le’i further noted when Malae was first charged in early 2012 with sexually related allegations, not once did he attempt to approach the village council regarding the allegations.

“Despite innocent until proven guilty, he should have at least approached the village council, yet did not attempt in any way to approach the village council,” Le’I said.

Le’i pointed out this was not the first incident that came before the village council pertaining to Malae. “There were previous allegations of similar circumstances that occurred several years back and the village council did not act, given the person involved left the village… this is not the first time Malae’s conduct has come before the village council and it appears he didn’t learn from it,” he said.

The High Talking Chief further explained that the village council was looking at two types of banning. First, was to ban Malae from the village council and the County; and second, was to ban him and his family from the village, meaning they must move out of the village.

Le’i explained, “Yet that was Samoa a long time ago — whereas when anyone was banned from the village, they were ousted and could no longer enter the village. Nowadays — Samoa ua Ao — we are no longer living in the medieval time and the Village Council agreed to ban Malae from the village council and the County.”

Le’i told Samoa News that a petition will be circulated at a later date to strip the Malae title from Malae Tau Malae, but this will have to come from the family itself — it is not a village or county matter.

He noted that according to local statute, if a Chief does not fulfill their duty or is unqualified to take on the Chiefly title given his personal conduct, a petition must be signed by blood relatives and that is what’s going to happen in this matter.

Samoa News asked Le’i: Why now? When the Malae case happened in early 2012, over a year ago.

Le’i said, when Malae was first charged in early 2012 on sexual allegations, there were complaints that were brought to his attention by other Chiefs of his village, yet the Village Council did not act on it. However when his brother, Hanipale Malae was recently charged with similar conduct, which has tarnished Ofu’s name, the Village Council had to do something to address this matter.

The High Talking Chief made it clear that they banned Malae, not Hanipale. He further explained that Tau’s title — Malae — can still be recognized within his family, however that is not be the same case with the village council and county.

Family members of Malae who spoke to Samoa News on condition of anonymity said, they agree with the Village Council’s move to ban Malae, given that his action has a huge impact on the family as a whole.

Samoa News contacted Malae’s attorney Fiti Sunia in efforts to speak to Malae, however as of press time, Malae has not contacted Samoa News.

MALAE TAU MALAE’S COURT CASE

According to the government’s case Malae Tau Malae, in his 50s, is accused of performing sexual acts upon his wife’s two nieces last year and is facing two counts of sodomy, two charges of first degree sexual abuse, two counts of deviate sexual assault and rape.

According to court affidavit, the incident only came to light when a relative of the two victims reported the matter to police. Both victims were 16 years of age when the incident started, in the middle of 2011, says the affidavit.

HANIPALE MALAE’S COURT CASE

Hanipale, the brother of Malae Tau Malae, is facing multiple sexually related charges involving three girls he brought in from Savai’i as domestic workers. Hanipale, who remains behind bars on bail set at $100,000 is facing 12 criminal charges, which include two counts of rape, two counts of sodomy, two counts of deviate sexual assault, two counts of sexual abuse first degree, sexual assault, endangering the welfare of a child, third degree assault and furnishing pornographic material to minors.

According to the government’s case, on May 17, 2013 this matter was reported from Manu’a, alleging Malae had assaulted three girls physically and sexually. The three girls, all from Savai’i, lived with Malae and his wife in the territory and in Ofu, Manu'a.