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Elderly woman charged with tampering with a witness

[SN file photo]
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — An elderly woman from Pago Pago has being charged with one count of tampering with a witness, a class D felony, punishable by imprisonment of up to 5 years, and a fine up to $5,000, or both.

Mao Uele, who is out on a $5,000 surety bond made her initial appearance before District Court Judge Fiti Sunia last Monday pursuant to an arrest warrant. Her preliminary examination was set for Wednesday, however, Uele wished to waive her rights for a PX and let her case be bound over to the High Court.

She then appeared before Chief Justice Michael Kruse last Friday for arraignment, where she entered a not guilty plea to the single charge against her. Her pretrial conference is scheduled for June 15.

The case against Uele stems from an incident in February of this year when the mother of the 9-year-old girl, who is the victim in a sexual abuse case, contacted the local police department for help, after Uele allegedly tried to convince her daughter to change the statement she gave to police about the case where a 66-year-old taxi driver allegedly sexually abused her.

The government alleges that immediately after Uele made contact with the young girl and her mother about a chance to change the young girl’s statement to police, the mother then contacted police and informed them about the situation.

While released on bond, the court ordered Uele not to have any contact with the young girl and her family.

BACKGROUND

Police arrested a 66-year-old taxi driver from Pago Pago for allegedly sexually abusing a 9-year-old girl. The taxi driver, Pitone Sivatia is one of the tenants at a rental house-building in Pago Pago owned by Uele, where the victim and her family also stay.

Sivatia has been charged with two criminal counts including sexual abuse in the first degree, a class D felony; and endangering the welfare of a child, a class A misdemeanor.

The court affidavit stated that the young girl’s neighbor instructed her to go the defendant’s house and ask to borrow 50 cents to buy him a soda. When the victim went inside the house, Sivatia escorted her to his bedroom and closed the door behind her. He then gave her 50 cents and asked her to come closer. She said she felt uncomfortable and told him that she was going to leave.

According to the government’s case, Sivatia allegedly grabbed her by her left arm and began touching/ rubbing her body through her clothing — starting from her private parts upwards to her breast.

Sivatia is still in custody unable to post a $5,000 bond.

CJ ISSUES SECOND BENCH WARRANT FOR LAFAELE SEFO

A second bench warrant for defendant Lafaele Sefo was issued last week by Chief Justice Michael Kruse, after he failed to appear in court for his pretrial conference. This was the third time Sefo has failed to appear in court.

Sefo, who is charged with unlawful possession of a controlled substance, to wit; methamphetamine was scheduled to appear in court last Wednesday for a pretrial conference hearing. One of the conditions of his release on a $5,000 surety bond was to appear in court every time his case is called.

Last Wednesday, Sefo failed to appear in court and assistant attorney general Woodrow Pengelly asked the court to issue a bench warrant for the defendant. He further stated that this was not the first time the defendant failed to appear in court.

Kruse looked at Sefo’s attorney, acting public defender Michael White and asked him, “Counsel, where is your client? Did you contact him before today’s hearing?” White responded, “I did not see him this morning. I’ve tried to get hold of him last week but the number he gave me to contact him was not in service.”

Kruse laughed and said, “We have just ordered another bond forfeiture when a defendant failed to comply with courts order, and it seems that your client is another one. The court has the authority to offer bond forfeiture and I’m sorry that a family will lose two vehicles because of the non compliance of your client to the court’s order.”

Pengelly spoke up and told the court that according to his notes, this was the defendant’s third time he was not present in court. He failed to appear Mar. 2, 2018; then Apr. 23, and now in May 02.

After thinking for a while, Kruse then stated that the court will issued a bench warrant for Sefo.

BACKGROUND

When Sefo failed to appear in court for his pretrial conference hearing on Mar. 2, 2018, Kruse then ordered a bench warrant to be issued for his arrest, and he was to be remanded to custody without bail, his bond forfeited.

At around 2 p.m. on the same day, Mar. 2nd, Sefo showed up at the High Court, where he was served with the bench warrant and transferred to jail. When his case was called on Monday, Mar. 5th, Sefo was present in handcuffs.

His attorney on that day was Public Defender Douglas Fiaui, who asked the court to quash the warrant and set aside the forfeiture of his bond. Fiaui explained that his office failed to communicate with Sefo about his hearing date, and it’s unfair for Sefo to be punished for the PD office’s mistake.

According to Fiaui, White appeared on his behalf during Sefo’s last hearing in December 2017, and that’s how the miscommunication came about.

Kruse had a lot of questions for the defendant. He wanted to know where Sefo lives, what he does for a living, who posted his bond, and who is the matai of his family.

Sefo told Kruse that he’s a farmer, working at the plantation of a man named Fa’afetai Lefatia. He also told the court that Fa’afetai’s wife, Tumuatasi Lefatia but up the money for his bail, and a man name Talamoa Paulo is the sa’o of his family.

Kruse stated that all of these names Sefo had mentioned “ring a bell”.

The Chief Justice accepted the defense’s request to quash the warrant for Sefo, and to reinstate his posted bond. He also ordered the defendant to sign in at the Public Defender’s office every Monday at 1 p.m. to make sure he is aware of all his court dates.