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Sponsor of Fijian man who ‘wanted to be caught’ is fulfilling his court ordered obligations

ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — The fishing boat owner who sponsored the Fijian man, whose lawyer told the court his client “wanted to get caught so he’d get a chance to go back home to his family in Fiji”, told Samoa News last week, during an interview that he did fail to fulfill his responsibility as the sponsor of this individual; and is now fulfilling his obligations as ordered by the court.

Rusiate Tabete is currently serving a 12-month period of detention at the TCF, as a condition of a 7-year probation sentence, after he was convicted of 3 counts of 2nd degree burglary.

During sentencing, Tabete told the court that he stole from the company because they underpaid him and also lied to him about fixing his immigration papers. His lawyer said his client was under the impression that the company he worked for would fix his immigration papers. And when he found out that nothing was being done, he tried to do something that would give him the chance to go back home.

“Nobody wants to get caught when they steal from somebody else, but my client stole from his employer because he wanted to get caught, so he'd get a chance to go back to his family in Fiji,” the defendant’s lawyer told the court.

In an interview with Samoa News at his Tafuna office, Mr. Kim, who is the sponsor/ owner of the fishing boat Tabete was hired on as a crew member, said he failed to fulfill his responsibility as Tabete's sponsor, by not informing the Immigration Office that he no longer worked for him.

As a result of his failure, he has agreed to pay Tabete’s fine, which the court ordered him to pay.

“I already paid the fine of $3,000 to the High Court last week after the Chief Probation Officer (CPO) informed me of the court’s decision. I will also pay for Tabete’s return airfare to Fiji if [when] he’s released from TCF,” Kim told Samoa News.

He said Tabete was one of the five crew members, who worked for his fishing boat, INJA, a longliner that is still docked at the Malaloa Marina.

Last year when fishing was bad, Kim decided to stop his boat from going out fishing again, but instead, would wait until the fishing was good again.

“I spoke to some of the fishing boat owners at the beginning of this year and they told me that the fishing tides are now good again. So my boat will be out fishing next month, and I have to find one more person to fill Tabete's position,” he explained.

According to Kim, there were only 5 fishermen on his fishing boat; 2 Fijian nationals including Tabete; 2 Samoan men, and one from Vanuatu.

When asked about the whereabouts of his crew members since his boat has not gone out fishing, Kim said two of them are still on the boat — the man from Vanuatu and one of the Samoan men. The other Samoan guy, a US National, is now working on another fishing boat, according to Kim. Of the two Fijian men, Kim said one has returned to Fiji while Tabete is in jail.

According to Kim, it was last year after his boat stopped fishing that Tabete approached him and asked if he could stay at his brother’s house. He agreed under the condition that when the boat was ready to go fishing again, he would call him to come back to work.

“The boat is too small for all five men to stay inside and that’s why I agreed when Tabete asked me if he could go stay with his brother. I never allowed [gave him permission] him to work at any other place except my fishing boat,” Kim said.

“Last year, Tabete came back to me and asked if I could transfer his sponsorship to somebody so he can work. I told him no because I only allowed him to stay with his brother, not to find another job aside from my fishing boat,” Kim recalled.

According to Kim, he had no knowledge about what was going on with Tabete until two members of the Public Defender’s Office visited his office 2 months ago and informed him that one of his crew members is in jail for stealing items from a store.

Also last month, a representative from the Immigration Office called him and asked why he did not report to them that one of his crew members was no longer working on his fishing boat.

“I was confused, angry and didn’t know what to do when the representative from the Immigration Office called me,” Kim said.

“At first, I told the Immigration representative that I did not violate any of the Immigration laws because Tabete was not under my care when he committed the crime. I also told the Immigration representative that I will not pay any fine because of what Tabete did.

“However, after I spoke to my attorney and also the CPO two weeks ago, I realized that it’s my responsibility as the sponsor under Immigration law … to care for Tabete and be responsible for anything he does, because he is still under my care, as the sponsor.”

“So do you admit that you failed to fulfill your responsibility as a sponsor?” Samoa News asked Kim. He answered, “Yes, I admit that I failed to fulfill my responsibility as a sponsor for Tabete, and that’s why I agreed to pay the court order and also his return airfare to Fiji.”

Kim, through Samoa News, apologizes to the American Samoa Government, the court and also the company that was victimized by Tabete’s action, for failure on his part as a sponsor.

“I now understand that all my crew members are not allowed to walk free on island; they have to stay on the boat while the boat is ashore. I now also understand that it’s my responsibility to report any one of my crew members who leaves the boat, to the Immigration Office, because there will be consequences if I fail to do my part,” Kim concluded.

BACKGROUND

Rusiate Tabete — a Fijian national and an over stayer — entered American Samoa in 2015 to work as a crew member on a fishing boat. His conviction stems from an incident where he unlawfully entered a store in Faleniu on Nov. 11, 2017 as well as Dec. 2 and 7, 2017 and stole merchandise and cash.

Upon release from detention, Tabete has to depart the territory and remain outside its borders for the remainder of his probation. The fine of $3,000 — $1,000 for each count — is to be paid by his sponsor within 30 days, including Tabete’s return airfare to Fiji.