At the request of the Attorney General’s Office, District Court Judge Elvis Pila Patea has dismissed the criminal charges against police officer Fatu Enari and the three TCF inmates accused in connection with the unauthorized transporting of inmates to Alofau earlier this month. Officer Enari was charged with aiding the escape of a prisoner, permitting escape and tampering, second degree while each of the three inmates were charged with one count of escaping from confinement.

Enari was released from jail yesterday morning when the matter was before the court for a preliminary examination hearing, where the judge determines if the government has sufficient evidence to have this matter go forward to the High Court.

During the PX hearing, Assistant Attorney General Jessica Bargmann asked the court to dismiss the criminal charges, pointing out that the government has to conduct further investigation into this matter and that there is “additional information that has an affect on the criminal charges.” The request for dismissal is without prejudice, meaning the government can refile in this matter.

Following the dismissal of the matter, Samoa News asked Public Defender Douglas Fiaui for a comment, asking if it was his investigation or the other party’s investigation which led to the dismissal, the PD declined to comment — but noted that it was the “facts” that were uncovered which led to the dismissal.

The government’s case says that on January 7, 2015 around 7p.m. Criminal Investigation Division received information that the TCF’s black Ford passenger van was parked on the family property of inmate Tolupo Hodges in Alofau. It’s alleged that CID learned from the TCF Warden Fo’ifua Fo’ifua the van was not authorized to be there, and the CID Commander then alerted his detectives of the situation.

Court filings say that CID Detectives and police officers from the East Substation located the van in Fagaitua around 8p.m. and curbed it, and that Police Officer Enari was driving the police vehicle. In the van were inmates Tolupo Hodges, Matafua Mataipule and Ioane Filipo.

During the investigation, Enari told the detective that Hodges and Mataipule approached him at the TCF and said they (the inmates) had permission from Lieutenant Fasi Taase the night Commander, who’s also the Assistant Warden, to fix a pipe on Hodges’ pig farm in Alofau.

Enari further told the investigator that he confirmed with Lt Ta’ase, who then authorized him to drive the inmates to Alofau. It’s alleged that Enari left TCF in the van with the inmates, after telling Lieutenant Tamau Sami that Lt. Ta’ase had authorized Enari to escort the inmates to Alofau for a job.

Court filings say that Lt Ta’ase denies authorizing Enari to escort the inmates to Alofau.

The inmates, Hodges, Mataipule and Filipo are all in TCF custody serving sentences for unlawful possession of a controlled substance. “None of the inmates were authorized by the Warden or the Courts to be outside the correctional facility,” say court filings.