A 20-year old man, who is accused by the prosecution of “messing around with a child”, in connection with a sex case involving a 12-year old girl, has been sentenced by the High Court, which pointed out the seriousness of the crimes the defendant was initially charged with.

“The defendant was messing around with a 12-year old. That’s a child,” assistant attorney general Bob Pickett told the court last Friday and the prosecutor repeated the statement twice to make the government’s point about the seriousness of the case against Ta’auso Fa’afetai Siliga, who remains in custody unable to post a $20,000 bond, since he was arrested and charged last May.

In the court room was the defendant’s mother, who sobbed on the witness stand as she gave character witness testimony on behalf of son, saying that “perhaps I am at fault, as a mother.”

Siliga, who was 19 years old at the time of the crime, was initially charged with one count each of child molesting, sodomy, deviate sexual assault and sexual abuse first degree  — all felonies and one misdemeanor count of endangering the welfare of a child.

However, under a plea agreement with the government, the defendant pled guilty to sodomy while the other charges were dismissed.

During Friday’s sentencing hearing, Siliga addressed the court in English, apologizing to the court, as well as the victim and her family. “I’m sorry and I promise, it will never happen again,” he said referring to his criminal act.

He also said that the nearly one year he has been incarcerated, was a hard-learned lesson. “I have learned from my mistakes,” Siliga said, and sought leniency in sentencing, saying that “I need my family and my family needs me.”

“I am begging you [your honors] for a chance to prove to you, I’m a good person,” the defendant said and asked for forgiveness, as his mother was heard sobbing quietly in the court room after giving her tearful character witness testimony for Siliga, who is the second of seven children.

Siliga’s mother gave a brief background of her son growing up, attending public school starting from ECE through high school. She said it’s the hope of every parent that a child not be tempted with the ways of evil and to get a better life for the future.

She said that ever since her son was arrested and put in jail — the first time in her son’s life he has been incarcerated — it has been a heavy burden for her as to what has happened to her son and the wrong things he has done.

She apologized to her village and church, as their names have been tainted badly due to her son’s criminal behavior. Siliga’’s mother informed the court that the village council has imposed village punishment on her family, which also carried out the traditional forgiveness (ifoga) to the victim’s family.

She apologized to the court for her son’s crime, and said that “perhaps I’m responsible as a mother” for her son’s behavior. She also said that her husband is off island for medical reasons and “perhaps that’s another reason” — contributing to her son’s bad behavior because he was not there.

She pleaded with the court to give her son another chance, so he could go to school to further his education and thereafter find a job for a better future and never be in trouble again.

Public Defender Douglas Fiaui told the court that he truly believes that his client is “remorseful” of his crime and had come to terms with what he did.

He said Siliga took responsibility for his actions that will follow him for long time. The defense then sought a probative sentence for his client.

“However, Pickett said that due to the seriousness of the crimes, which involved a “12-year old child”, the government recommends 15 years in jail or 15 years of probation with the condition he serve 5 years in jail.

Pickett acknowledged as “good” that an apology was made to the village, church and the victim’s family. He said the defendant is a “smart articulated person from a good family, but the defendant “still went after a child.”

The defendant “needs a severe sentence,” he concluded.

Prior to handing down sentence Chief Justice Michael Kruse recalled the original charges against the defendant as well as the charge he pled guilty to. He also explained — based on the law — the difference of each charge, such as “sodomy, not in the Biblical term.”

Credit to the defense is that the defendant is still young, as well as a promise for rehabilitation.

On the other side is the seriousness of the crime, which involves a 12-year old, the CJ said, adding that if the case had gone to trial and the defendant convicted of the most serious charge — child molestation — that would have been up to life in prison with a mandatory 10 years in jail without parole. 

Due to the seriousness of the case, Kruse took the time to explain the difference between the sodomy charge and child molestation charge, noting what the the Fono had set in the law when it comes to adults who prey on children 12 years old and under.

He noted that the plea agreement was reached a few days before the case was to have gone to trial.

Kruse then sentenced the defendant to 15 years in prison which was suspended and the defendant was place on 15 years probation, based on several conditions, which includes that Siliga serves 5 years in jail without release unless in a “emergency” situation or order of the court.

After serving 18 months, the court will revisit the defendant’s “realistic plan” for an education, if the defendant still desires to do so. He is also to register as a sex offender and get HIV testing.

Kruse asked if the sex offender registry was up and running, and Pitts replied, “We can get him to register” to which Kruse reminded the government that the sex offender registry is mandatory under the law.

Kruse was flanked on the bench by associate judges Fa’amausili Pomele and Muasau Tasina Tofili.