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Jury trial begins for man accused of sexual abuse of his girlfriend’s daughter

Translated by Samoa News staff

Jury trial began Tuesday for a man accused of twice sexually abusing his girlfriend’s daughter, following a jury selection process which began Monday morning in the High Court for the case presided over by Chief Justice Michael Kruse, who is flanked on the bench by chief associate judge Mamea Sala Jr. and associate judge Fa’amausili Pomele.

Mamona Unasa is charged with one count each of sodomy and deviate sexual assault and two counts of sexual abuse in the first degree — all felony crimes. He remains in custody unable to post a $30,000 bond.

 According to the government’s case, around December last year the then 15-year old victim was sleeping with her two younger siblings when her mother woke her up and asked her to go sleep in the other bed, because one of the siblings had a higher fever.

In the other bed, Unasa allegedly started kissing the victim on her back and touched her in a sexual manner. It is further alleged the victim moved away from the defendant when he tried to cuddle her and that’s when he went back to sleep.

The victim told the police that she did not scream or call for help because she was scared, and the defendant might do something to hurt her.

The second incident occurred sometime in February 2016. Court filings say the victim was asleep between her mother and the defendant when she felt the defendant pulling up her shirt and rubbing her back. The victim alleged that the defendant started kissing her on the neck area and towards her chest. It’s alleged when the victim tried to move away, her mother turned to her side while sleeping and the defendant then stopped touching her in a sexual manner.

Police met with the defendant who claimed that he touched the victim mistakenly, as he thought it was his girlfriend sleeping in bed with him and claimed that his actions to the victim were not intentional.

According to court filings, the defendant claimed that the incident involving the victim occurred in February, but denied the incident that allegedly occurred back in December.

At the start of the trial, Kruse first gave instructions to the government’s five witnesses, including the victim, who will testify. The witnesses were also told that they will not be allowed in the courtroom during the trial and will wait outside until they are called to testify.

When the jury panel was seated Kruse gave them instructions, the laws governing the case and for them to pay close attention to testimonies by witnesses and evidence presented by both sides.

Jurors were also directed not to discuss the case with each other, not to read the newspaper or listen to radio news about the case but to focus directly on what’s presented to them during trial and then make their decision.

In his opening argument, assistant attorney general Jerard Murphy laid out the government’s case where it alleges the defendant, an older man, committed a sexual act on the victim; and that the incident occurred at the time Unasa was the boyfriend of the victim’s mother and was living with the mother and the victim.

Murphy also explained what the government alleges to have happened during the two nights the alleged sexual acts occurred and the victim, who is now 16 years old, was scared and didn’t make any noise, but was crying.

The government began presenting evidence and witness testimonies yesterday and Unasa’s attorney — Ass’t Public Defender Mike White — plans to give his arguments, when all witnesses from both sides have taken the witness stand. It’s unclear as to how many witnesses, if any, the defense plans to call during trial.

There is no clear indication yet as to how long the trial will take before the case is given to the jury.

(Original Samoan in Lali section of yesterday’s Samoa News edition)