Pago Pago, AMERICAN SAMOA — While a drug defendant was sentenced to probation and ordered to leave the territory after serving 20 months of his 5-year sentence, the court also ordered the government’s attorney in the case to bring all the contraband and the paraphernalia that police seized from the defendant to court sometime next week for the court to review.

The order was made after the court delivered its sentence for Ualesi Fiatamalii last week in High Court. When the court wanted to know what was seized by police from the defendant, prosecutor Doug Lowe responded that he believed there were 2 glass pipes and a small baggie, all containing methamphetamine.

When the court asked the government’s attorney whether he had brought the contraband to court, Lowe responded, “No your honor, I believe it’s inside the evidence room.”

Chief Justice Michael Kruse scratched his head and smiled for a moment, then ordered the government to bring the evidence to court this week. Attorney for the defendant, Rob McNeill added that the police also seized a backpack belonging to his client on the day of his arrest, and Fiatamalii really needs it back.

“Government, bring all those things to court next week. I don’t think you (government) need the backpack. Bring all the contraband and the paraphernalia to court. Marshall, make sure these things are destroyed except for the backpack. I don’t want these things to be recycled or to be used by somebody else,” the court said.

Fiatamalii, a 34-year-old man from Samoa who works as a mechanic in the territory entered into a plea bargain with the government for the charge of unlawful possession of a controlled substance (methamphetamine).

By his guilty plea, Fiatamalii admits that on Mar. 30, 2019, he possessed 2 glass pipes and a small baggie containing methamphetamine.

An individual contacted police, for assistance, after he witnessed Fiatamalii and the bus driver smoking a glass pipe inside his aiga bus.

When police pulled the bus over for a traffic violation, police discovered 2 glass pipes and a small baggie containing methamphetamine in Fiatamalii’s possession. Nothing was found on the bus driver.

When questioned by police, Fiatamalii admitted that the items belonged to him, and he had purchased it from a longtime friend for $60. He also told police that he used meth to keep himself awake while performing work as a mechanic.

During his sentencing Fiatamalii apologized to the court for breaking the laws of the territory and smoking ice in public. He told the court that the 11 months and two weeks he has spent in jail has taught him a lesson, and he told the court that using drugs is not only illegal but also not good for a person like him who came here to the territory to look for a better future for his family.

He assured the court that he will never break any laws of the territory again and he will do his best to stay away from trouble in the future. In closing, he begged the court to give him another chance to go back home and find another job to care for his elderly parents, who depend on him financially.

“I come from a poor family who only depend on their plantation to survive. I came here to earn a good living for my parents, but it’s sad to see how things end like this. What I did was wrong, and I assure the court that if I am given another chance, I will never be in this court room again,” said Fiatamalii.

Both Lowe and McNeill asked the court for a probated sentence.

However, due to the fact that Fiatamalii’s immigration status is now illegal, McNeill asked the court to allow him to depart the territory and remain outside of the territory as a condition of his probation.

Lowe reminded the court that Fiatamalii was given a second chance when he was convicted for felony stealing in 2009.

After reviewing all the facts about the case, the court sentenced Fiatamalii to a term of imprisonment of 5 years, and a fine of $5,000. Execution of sentence was suspended for the period of 5 years, and the defendant was placed on probation for the period of suspension under certain conditions.

Fiatamalii was ordered to serve a period of detention of 20 months at the Territorial Correctional Facility (TCF), however, the court ordered the defendant to serve only 12 months of detention, the balance was stayed on the condition that he immediately depart the territory and remain outside of its borders for the period of his probation.

He is credited for the 11 months and two weeks he has already served in jail. Fiatamalii will have to serve 2 more weeks at the TCF before he’s released.