Businessman Mike Kim and co-defendant Motau Samani have been ordered by the High Court to register as sex offenders with the Department of Public Safety, after they escaped jail time as part of their five-year probation in a four-year old sex case.

Kim and Samani entered into a plea agreement with the government in connection with the case that occurred in 2010. Kim was facing rape, conspiracy to commit rape, deviate sexual assault, witness tampering, concealing an offense and endangering the welfare of a child, while Samani faced rape, conspiracy to commit rape, deviate sexual assault and endangering the welfare of a child.

In the plea deal with the government, Kim and Samani will plead guilty to sexual abuse in the first degree, and in return for that plea, the government will move for Associate Justice Lyle L. Richmond to dismiss the remaining charges.

This is the third time sentencing has been scheduled in this case. During the last hearing Deputy Attorney General Mitzie Jessop asked the court to show leniency in the sex case filed against businessman Kim and told the court to consider “other punishments” rather than confining him at the Tafuna Correctional Facility, given his age and his health.

“The only reason the government is considering this option is in consideration of his age and health conditions, however the government also appreciates the statements that these are serious matters, especially the felony charges and the victim, who has to live with this for the rest of her life.”

For Samani, Jessop said he should’ve known better. As the father of four daughters, he didn’t consider that the victim in this case is someone else's’ daughter, who is loved by her parents. The Deputy AG recommended that Samani be jailed.

Richmond sentenced Kim and Samani to five years in jail, however execution of sentencing was suspended and defendants were placed on probation for five years under the conditions that they undergo 20 months jail time.

The court however stayed the 20 months and ordered Kim to pay a fine of $5,000 while Samani pays $3,000. The fines are to be paid within 30 days. Richmond further ordered the defendants to be registered as sex offenders and undergo HIV testing as required by law. An additional condition for Samani is that upon paying the $3,000 fine he’s to depart the territory within 48 hours and remain outside of the territory for the period of his probation.

According to the plea agreement in this case, Samani admits that on or about June 29, 2010, with the purpose of promoting the commission of an offense, he aided Kim by bringing a 17-year-old girl to a location where Kim would have unrestricted access to her. Samani then stepped outside the door, while Kim touched the girl in a sexual manner without her consent. Samani admits that his actions were without legal justification or excuse.

With Kim’s guilty plea, he admits that he subjected another person to sexual contact without the victim’s consent.

According to court filings, the alleged incident occurred on June 29, 2010.