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Court Report

COURT CONCERNED WITH DELAY IN SUBSTATION SHOOTING CASE

The High Court is not pleased with the delay in moving forward the government’s case against four men accused of shooting at the Leone police substation in November 2014 and has directed attorneys on both sides to prepare for jury trial next month without any more delays.

During a status hearing last Wednesday, Acting Associate Justice Elvis P. Patea told attorneys for all parties that early last week was supposed to be the start of jury trial for one of the defendants but it has been continued again and this has again delayed moving this case forward.

Patea reminded the attorneys the court has set Dec. 6 for the trial for the four defendants and he expects the trial to proceed on that date without any more interruptions or delays. He also told the attorneys that the court does not want to hear on trial date that both sides are not yet ready to proceed.

The four co-defendants, who all remain in jail unable to post bail are Manu Lefatia, Sinapati Tu’ufaanatu, Tuliese Taliu and Solia Mosegi Jr. — who has a separate case in which he is charged with felony unlawful possession of methamphetamine and misdemeanor resisting arrest. Charges against Mosegi in the separate case stem from when police tried to arrest him for the Leone police station shooting but the defendant took off, a pursuit by police followed. After he was captured, police found meth in his possession.

Jury trial for Mosegi in the drug case was initially set to begin last week Tuesday, but attorneys on both sides sought continuances, as they were not prepared yet.

Patea directed attorneys that the trial for the four defendants in the Leone substation shooting will commence on Dec. 6 and once that case is completed, it is followed by the drug trial for Mosegi. Both sides confirmed they are prepared to proceed to trial.

And if defense attorneys have new motions for submission, it must be filed by Nov. 14 and four days, Nov. 18, the government is to file its response, followed by oral arguments to be heard on Nov. 25 — the same date that both sides are to submit their witness lists and any other supporting documents.

And if there is any plea agreement, such agreement along with supporting documents are also to be filed by Nov. 25, said Patea, who also told attorneys to comply with the order given and there will be no other directive from the court on this matter, except for both sides be ready to commence trial on Dec. 6.

LAFI MUELU

Although defendant Lafi Muelu has been released without bail to await his next court appearance on Nov. 25, the District Court has warned the defendant not to step foot on the land of a neighboring family where an incident occurred early last week resulting in two misdemeanor counts of third degree assault and public peace disturbance filed against the defendant.

According to court information, the defendant got into a fight with one of his friends — they were drinking beer — at the neighboring family’s property. During the fight the defendant allegedly punched the victim so hard that the victim suffered injuries to the face. (The extent of the injuries was not immediately clear at press time.)

In releasing the defendant without bail being required, the court also set several conditions for the Muelu to comply with, including not causing any more trouble with the victim, and he is banned from drinking alcohol.

WIFE ABUSER SENTENCED TO PROBATION

The District Court on Wednesday sentenced a man to 12 months probation after being convicted of third degree assault in connection with an incident in which he assaulted his wife. Among the conditions of his probation is that he does not threaten his wife, be a law abiding citizen and not to consume alcohol. He was also ordered to attend and complete alcohol counseling.

Court information says the defendant came home drunk one day last month and started to argue with his wife and the argument got heated resulting in the defendant assaulting his wife, who screamed for help, prompting neighbors to call police for assistance. 

To protect the victim in domestic cases, Samoa News does not identify the defendant by name.

(Original Samoan stories published in last Friday’s Lali section of Samoa News.)