Director of Health Motusa Tuileama Nua has voiced his disappointment over the way that the Attorney General’s Office handled a case that occurred within the Department of Health several months ago. “What’s more disappointing was that… I was not told that one of my employees Donovan (Tupuola) had been criminally charged,” he told Samoa News last month.

The Director explained that he contacted the AG’s office for assistance “when I was informed as to what happened in our office, however they (AG’s office) sent CID Investigators who came to my office and interviewed the girl and Donovan; then after a while, I find out from the media that Donovan had pled guilty,” he told Samoa News.

“It’s very unprofessional as to how the AG’s office handled this matter… at least keep me in the loop. Yet, I had to hear it from the media,” said Motusa.

Samoa News received emails from DOH employees who were questioning why Donovan was still working when he had admitted to the crime of indecent exposure and Samoa News posed the question to the DOH director while at the Samoa Talks late last month.

Motusa said DOH will not terminate Donovan. He explained, “Had the AG’s office and the police officers done their due diligence and investigated thoroughly, the outcome of this case would not implicate just Donovan but also the girl as ‘she was part of this’,” said Motusa.

The DOH Director then declined to further comment on the matter but made it clear that if “Donovan was to be terminated, so will be the girl, that’s my decision and I will stick by this decision.” He further stated that both Donovan and the girl “were playing” and there was nothing more to it, but — the girl was also involved in the incident.

In response to the matter, Deputy Attorney General Mitzie Jessop, responding by email from the Virgin Islands, stated that this may just be a case of miscommunication between the AG's Office and DOH. She explained that “generally, we do not "inform" anyone when we are going to charge and arrest a person.  

“We perform our duties independent of any other department or individual. If the DOH Director wanted to be "informed," of how the case was progressing, all he needed to do was tell our office and as a professional courtesy, as this was one of his employees, we could have done so.

“However, in all fairness and in order to keep the integrity of our work intact, we generally would not do that,” she said.

The Deputy AG said that “directors and others may not agree with us but the  AG's Office Criminal Division's goal and duty is to protect the people of American Samoa.

“And while this may mean making unpopular decisions, we are in the business of pursuing justice,” Jessop told Samoa News.

CRIMINAL CASE AGAINST DONOVAN TUPUOLA

According to the government’s case, Tupuola was criminally summoned to the District Court on May 12, 2014. The defendant was charged with indecent exposure and third degree assault. The incident count was a class A misdemeanor which carries jail time of up to one year, a fine of up to $1,000 or both. The assault charge is a class C misdemeanor punishable with up to 15 days in jail, a fine of up to $300 or both fine and jail time.

Court filings say that on Apr. 1, 2014 police were instructed to go to the DOH compound in Faga’alu. Police met with the complaining witness who told police that on March 31, 2014 Tupuola came inside her office and sat on the sofa while she was checking her email.

“Defendant then asked the victim if she wanted to have sex,” say court filings. It’s alleged the complaining witness told the defendant he was “stupid for saying that.”

According to the documents,the victim explained that the phone rang and she answered it, and while on the phone the defendant was pressing the buttons to the fax and when she looked up, the defendant allegedly removed his shorts and showed the girl his private parts. It’s alleged the victim got off the phone and yelled at the defendant to get out of the room.

The complaining witness claimed the defendant walked to the door and appeared as if he locked the door and then yelled at the victim to get back to work. It’s alleged the defendant put on his shorts and put a bottle of alcohol by her desk and told her he’ll be back.

Court filings say that Tupuola told police that he entered the victim’s office and sat on her couch and that he also grabbed the victim by the mouth and tried to kiss her but the victim did not want to. “He then told her to have sex with him.” Court filings says the defendant admitted to exposing his private parts to the victim and asking her to have sex with him.

Tupuola in this case pleaded guilty to indecent exposure, however, the imposition of sentence was suspended.

He’s been placed on probation for 18 months under the conditions that he visit his probation officer, not consume alcohol, and attend and successfully complete behavior counseling.

Tupuola was further ordered not to contact the victim directly or indirectly. District Court Judge John Ward initially imposed a jail term of 90 days but he deferred all on the defendant’s good behavior. Furthermore the defendant was ordered to pay a fine of $900, however $800 was deferred and he’s to pay a $100 fine.