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Court Report

Translated by Samoa News staff

TULIESE TALIU

During a court hearing last Thursday, Chief Justice Michael Kruse issued an official order for inmate Tuliese Taliu to depart American Samoa and remain out of the territory during his 5-year probation.

Taliu had faced charges in two separate cases. The first was from three-years ago when he was convicted of unlawful possession of a controlled substance and ammunition. Then last year, he was one of the four men charged and accused of November 2014 shooting of the Leone police substation, in which all four defendants early this month pled guilty to a misdemeanor charge.

Taliu had been in custody for the last 20 months on the police substation shooting case unable to post bail and he appeared in court last week to address the issue that he was not allowed to depart the territory two Sundays ago, because a stop order remained in place from the police substation shooting case.

Assistant Attorney General Gerard Murphy told the court that the stop order has since been lifted and it’s appropriate that Taliu depart the territory as condition of his five-year probation from the drug case.

Kruse agreed with the government and ordered the defendant to return to his home country of Samoa as part of this 5-year probation, and the court issued a directive for the defendant to depart the territory as soon as possible.

AFITU MAPUSUA

The District Court has set for Jan. 6, 2017 the preliminary examination hearing for Afitu Mapusua, who is charged with two misdemeanor charges following an incident last week Monday where he alleged assaulted another person following a verbal argument at the Fagtogo Market place.

According to court information, Mapusua got into an argument with another man, whose vehicle was blocking the road around the market place and Mapusua was upset that his car wasn’t able to get out. The man, whose vehicle was blocking the road, allegedly swore at Mapusua, who then allegedly punched the victim.

During his initial appearance late last week in District Court, Mapusua was charged with one count each of third degree assault and public peace disturbance. While he is released on his own recognizance, Mapusua was ordered by the court to comply with several conditions of release, including that he make no contact with the victim and be a law abiding citizen.

REUBEN FAOASAU

A 20-year-old man convicted by the District Court of assaulting a 15-year-old juvenile with a golf club has been sentenced to 12 months probation. Under a plea agreement with the government, Reuben Faoasau pled guilty to misdemeanor third degree assault.

During sentencing last week, the defendant was ordered to pay a $100 fine, attend and complete anger management classes and not to violate any law during the probation period.

District Court Judge Pro Temp, Gwen Tauili’ili-Langkilde told the defendant that his actions were very serious, not only that he used a golf club to assault the victim, but the victim is also a minor.

RAY VILIAMU

The District Court late last week sentenced Ray Viliamu to 12 months probation after he pled guilty, under a plea agreement with the government, to misdemeanor stealing. The government’s case against Viliamu stems from an incident in October this year, where he stole equipment from a family home and he later returned the stolen items to the family, after the defendant learned that the family had filed a complaint with police.

Under the plea agreement, which was accepted by the court, two other misdemeanor charges of public peace disturbance and trespassing were dismissed.

The government informed the court during sentencing that although the defendant had returned the equipment, the family still wanted to proceed with its complaint, to ensure that this incident does not happen again in the future.

During sentencing, the defendant pleaded with the court to allow him to return home and that he just got a permanent job. Both the government and defense sought a probative sentence.

District Court Judge Elvis P. Patea told Viliamu that if he is arrested in the future for violating any local law, the defendant would be sentenced to serve time in jail. Among the conditions of probation set by the court is that the defendant is barred from going to the home of the family involved.

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