Court sentences
Pago mayor to probation
Kruse: While aumaga can police village curfews, the enforcement
function is with DPS
by La Poasa
Samoa News Staff
The High Court
sentenced yesterday Pago Pago mayor Vila Tufele, 61, to two years
probation for hitting a man with a stick when the mayor and aumaga
members were policing the village during its curfew on Oct. 13,
2007.
Chief Justice
F. Michael J. Kruse said the case boiled down "to a simple
assault".
In response to
references made by Tufele's attorney about a clash of traditional
customs with statutory laws in this case, Kruse said there is
a role for the village with policing of village regulations,
such as the curfew. He said it does assist the Department of
Public Safety with its work, however he stressed that with respect
to enforcement, Pago Pago ceded that right when the then sitting
traditional leader Mauga signed the Deed of Cession with the
United States in 1900.
He said the village
aumaga's role assists the police department to ensure there is
peace and tranquillity within the village but the enforcement
function lies with the police department.
"While the
aumaga can police the village, they cannot enforce," he
said.
Tufele had initially
faced more serious charges of assault, but the Court determined
that the government didn't have sufficient evidence to support
the first-degree assault, which carries a maximum jail term of
life imprisonment, and second-degree assault, which is punishable
by up to five years in jail.
Two third-degree
charges, which are misdemeanors, were then left up to the jury
to decide, and the jury found in April Tufele guilty of hitting
Pago Pago resident Siale "John" Rarotoga, 28, with
a stick, but acquitted him on the assault charge against John's
friend, Fereti "Fred" Liliva, 24.
In his statement
to the Court yesterday, Tufele said he never thought "I
would be in this situation...with violating the law." He
said he contested the charges against him from the beginning.
Tufele apologized
to the Court and said if indeed there was a violation of the
law, then only God can see everything. He said he understands
the law clearly, being that he is a former teacher and police
officer.
"What decision
you will make today, I will accept it," he said. "What
I did was done to maintain safety and security of the village."
A letter of support
from Paramount Chief Mauga T. Asuega was also presented to the
Court.
Pago High Chief
Asuega Fa'amamata, who is Tufele's sa'o and aunt asked the Court
for leniency. She said both Tufele's parents have died and she
serves as both a father and mother to Tufele, who is now a grandfather.
She said Tufele
performs various cultural functions, including oratory duties
for her, and she depends on him as he is her right hand.
Tufele's attorney,
Tautai Aviata Fa'alevao, asked the Court not to send Tufele to
jail. He said his client "took the law into his own hands
but he did to so that he can carry out village law." He
asked the Court also to consider giving him community service
duties and to lift a District Court order prohibiting Tufele
from participating in the affairs of the aumaga and the village
council.
Deputy Attorney
General Frederick J. O'Brien said it's troubling to hear the
defendant say "if he indeed violated the law". O'Brien
said Tufele did violate the law and he shows no remorse for what
he did.
O'Brien said
there was a very simple solution to what happened on the night
in question: the aumaga could have called the police and detained
John and Fred until the police got there.
O'Brien said
Tufele told the Court that he is a former police officer and
he should have known that police officers aren't allowed to beat
people up.
The prosecutor
said Tufele is not a candidate for a probated sentence. He asked
the Court in a written submission that the mayor be sent to jail
for 180 days.
After deliberating
with associate judges Atiulagi and Saole, Kruse said emotions
have run high from the beginning to the end of this case. He
said the Court doesn't see the formal law being threatened by
customs and the case boils down to a simple assault.
Kruse told Tufele
that he needs to bear in mind that people look up to him.
The chief justice
said the main message here is: there is a role for the village
aumaga to police the village but the enforcement is the function
of the police department.
As conditions
of his two years probation, Tufele must pay a $1,000 fine, apologize
to the victim in the presence of the probation officer, visit
the probation officer once every three months, and remain a law
abiding citizen.
Reach the
reporter at la@samoanews.com.
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