Pago Pago, AMERICAN SAMOA — District Court Judge Fiti Sunia said that "out of necessity" — after yesterday's initial appearance — he is recusing himself from hearing the government's case against Malia Sunia.

(Samoa News understands the defendant is married to Judge Sunia's uncle.)

Sunia is charged with private peace disturbance and second degree assault. She is remanded to custody at the Territorial Correctional Facility (TCF) in Tafuna and bail has been set at $1,000

The charges against her stem from an incident that occurred this past Monday, Jan. 28 in Tafeta.

According to the government's case, Sunia's daughter had sought help at the home of an off-duty police officer who lives nearby. The officer told investigators that the girl was "very scared," saying her mom was beating her cousin.

According to the officer, his sister had gone to the defendant's home to see what the commotion was about; and quickly returned, saying she tried to talk to Sunia but she wouldn't listen to her.

The officer claims that when he went to Sunia's home, he could hear the victim "screaming from inside the room." When the officer entered the room, he said he saw Sunia on top of the victim with her hands behind the victim's neck, pushing her head down and hitting her head repeatedly with a cellular phone.

The officer stated that he pushed the defendant off the victim and told her to stop. He then assisted the victim off the floor, took her outside, and to his home for safety.

The officer claims that when he and the victim left, Sunia started yelling profanities at him and that's when he contacted police.

Two officers responded to the call. One of them, according to the criminal complaint, reported that when they knocked on Sunia's door, they could hear her yelling obscenities. The female investigator said she then identified themselves as the police, and instructed Sunia to open the door.

According to the officer, when Sunia opened the door, a comforter was draped around her shoulders. The officer said she informed Sunia of why they were there and before she could finish, Sunia "interrupted" her and said she didn't do anything wrong.

It was then that investigators claim they could detect a strong odor of alcohol emitting from Sunia's breath. When police asked the defendant if she had been drinking, she allegedly said yes.

The female police officer claims that when she told Sunia to go put some clothes on, Sunia allegedly opened the comforter that was draped around her upper body and "flashed" the cops.

The officer said she quickly closed the comforter and informed Sunia to go inside and put some clothes on.

The victim, an 18-year-old girl, was transported to the Tafuna substation and EMS personnel were contacted to render medical assistance.

When interviewed by police, the victim stated that Sunia walked into her room while she was lying on the floor. Her cousin — Sunia's daughter — was on the bed.

According to the victim, Sunia had walked into the room and asked for her husband's whereabouts. When the victim responded that she didn't know, Sunia allegedly walked over and kicked her in the face while she was on the phone, "and started hitting her with her fists.”

The victim claims that she used her phone to block the defendant's punches but Sunia grabbed the phone and used it to hit her head and face. Furthermore, it is alleged that Sunia got on the victim's back and started hitting and punching her repeatedly, "and pushed her head on to the bed, causing her to have difficulty breathing," according to the criminal complaint.

The victim claims that she was crying and yelling "Ka fiaola" (I want to live) but Sunia "kept beating her and told her that she doesn't care," the court affidavit notes.

According to the victim, if her cousin (Sunia's daughter) had not gone to get help, she "would have died". She said when the off-duty police officer came over to help, Sunia was "so angry" and she was yelling profanities at all of them.

The victim told police that this isn't the first time Sunia has assaulted her like this. According to her statement, the beatings have occurred "many times over the years" and she's been living with Sunia since she was 14 years old.

According to the court affidavit, the victim sustained swelling on her facial area; multiple scratch marks were observed on her face and underneath her chin and right ear. In addition, cops observed a lump on the right side of her face near her right eye. The victim's right arm was swollen with multiple scratch marks and she sustained bruises and scratch marks on her left arm as well.

Following medical treatment, the victim was released to family members in Kokoland.

Judge Fiti Sunia has recused himself from hearing this matter any further. He, however, ordered that an Order to Show Cause be issued regarding probation.

Samoa News understands that Malia Sunia was placed on probation for a prior matter last year, and this isn't her first time in court.

According to the Immigration officer who was in court, Sunia's immigration ID is currently valid, and it expires in 2020.