VAOELI LAFOIA

The High Court has continued for 30 days a status hearing for Vaoeli Lafoia while the Probation Office is ordered to look into the truthfulness of Lafoia’s sworn testimony that he has been trying to find a job to pay his fine, which is one of the conditions of his probation.

Lafoia was convicted of possession of a marijuana cigarette that he had in his possession when he entered the main dock and was witnesses by a port security officer who contacted police. He was sentenced last year to 5 years probation, with several conditions including that he pay $2,000 within the first year of his probation period.

A year later, the court found that Lafoia has only paid $450 and Lafoia has told the Probation Office that he is still not employed, but continues to look for a job in order to pay the fine.

A status hearing was held recently for Lafoia as the court wanted to know if the defendant is still in compliance with all conditions of his probation. Chief Justice Michael Kruse asked if he has found employment, Lafoia responded that he is doing private carpentry, while awaiting full time employment from any of the local companies he has applied to work.

When asked to name the companies he has put in an application, Lafoia identified McConnell Dowell, Sadie’s, StarKist Samoa and Michael Kruse store. 

The chief justice quickly interrupted saying, “I don’t own a store” and ended the hearing, to be continued later next month while the Probation Office was ordered to look into Lafoia’s claims that he has applied for a full time job at these companies and is truly looking for a permanent job.

EDDIE MAEA LOA

While the High Court granted the government’s motion to dismiss a felony assault charge against Eddie Maea Loa, it was not happy that the Attorney General’s Office waited until the last minute to submit the motion, since this case is set for trial early next week.

The trial for Loa on an assault charge was set to begin next Monday with jury selection and prospective jurors already contacted to report to the court. But during a hearing Wednesday this week, the prosecutor moved to dismiss the charges, saying that the complainant has stated that families of both sides have resolved the matter in the Samoan traditional manner.

While the government offered apologies to the court for the last minute submission for dismissal, Chief Justice Michael Kruse was not happy saying that this has happened too often, where a trial is ready to begin with prospective jurors already contacted by court staff, and then the government moves for dismissal.

Kruse granted the government’s motion but was still very displeased with prosecutors.

LESALINA VUI

The government’s case against a woman accused of assaulting another woman at her Malaeimi home is now before the High Court.

Lesalina Vui, aka, Linda Talimatasi appeared Thursday this week in the District Court for her preliminary examination hearing, but she waived it and the case was bound over to High Court.

Yesterday she was arraigned in High Court where she entered not guilty pleas to three felony counts: first-degree burglary, second-degree assault, and unlawful use of a weapon.

Her attorney, Assistant Public Defender Michael White entered the pleas and the court set the pre trial conference for Aug. 15. She remains at the Territorial Correctional Facility unable to post a $20,000 bond.

The government alleges the defendant entered the victim’s home, sat on her chest and cut her hair off with scissors and then “grabbed a knife and cut her head” causing lacerations, which required about eight stitches to close. It’s further alleges that the defendant used a beer bottle to hit the victim in the face.

(In yesterday’s edition of Court Briefs, Samoa News used only the name “Linda Talimatasi”, while new court documents show “Lesalina Vui, aka, Linda Talimatasi.)

MARIA SAILELE-TUILAGI

The High Court yesterday released Maria Sailele Tuilagi from the Territorial Correctional Facility after she complied with one of the conditions of her jail term by paying in full the restitution of more than $12,000.

Tuilagi pled guilty early this year to felony stealing. According to court documents, the defendant claimed to work for the local Education Department and used ASG Travel Authorizations to purchase airline tickets from J & J World Travel for six people. However, the travel agency was unable to collect the payment from ASG due to the fact that Tuilagi does not work for DOE.

She was sentenced in April this year to 5 years in jail, however the execution of sentence was suspended and she was placed on probation for five years under conditions that she serve 28 months in jail, pay a fine of $1,000 within a year of release, and pay full restitution of $12,368 within two years of release.

However, the defendant was informed that if she paid restitution sooner, she would be released from jail.

During yesterday’s probation hearing, the Probation Office informed the court that the defendant has paid the restitution in full and recommended her release, which was granted by the court. However, she must still comply with other conditions of probation, such as being a law-abiding citizen, pay the $1,000 fine, and report to the Probation office.