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Case dismissed against woman accused of passing $12,000 in bad checks

“Enter a dismissal for lack of prosecution, we yield to prosecutorial discretion and would like a caveat placed on record,” said Chief Justice Michael Kruse when granting the government’s motion to dismiss their criminal case against Tuilua’ai Fa’amausili, who was accused of passing bad checks and stealing to the tune of $12,000.


In this case she was facing three counts of passing bad checks and three counts of stealing. During the dismissal hearing on Monday, Assistant Attorney General Kimberly Hyde informed the court the defendant had already paid restitution in full and the victim does not want to participate in any jury trial.


According to the dismissal motion filed with the court, the defendant has paid the full restitution which was $12,528.00. It was also revealed that the victim does not want the case to go forward at this point and does not want to participate in a trial.


“The defendant has submitted a written letter of apology to the victim,” said the dismissal motion. The government also requested that this case, which was set for jury trial on April 9, 2013, be removed from the jury trial calendar.


Prosecutor Hyde, who did not respond to the email, but rather, in person told Samoa News that “this is not a priority, I will get back to you when I can”. She then referred all queries to Deputy Attorney General Mitzie Jessop.


The defendant is represented in this case by Fiti Sunia.


According to the government’s case, last year December Nie Ming, owner of K& K Corporation filed a complaint with the Criminal Investigation Division with DPS against FTC Corporation owned by the defendant Tuilua’ai Fa’amausili and her husband Mau Fa’amausili for writing three checks to the victim’s company on three separate occasions, although the account had insufficient funds to cover the checks.


Court documents say that on Feb. 14, 2012, a written notice was mailed to the defendant by certified mail with receipt as to the non-payment of the bad checks from July 30, 2012.