Court Report

STEPFATHER ADMITS TO SEXUAL RELATIONSHIP WITH STEP DAUGHTER

A man, accused by the government of raping his 16-year old stepdaughter between January and June of this year, is scheduled for sentencing in High Court on Feb. 3, 2012.

 The man was initially charged with rape, incest, deviated sexual assault and endangering the welfare of a child. According to court documents it was the victim’s older brother who caught the defendant in the act and reported the case to authorities.

The defendant was in court this week, pleading guilty to deviated sexual assault and endangering the welfare of a child, under a plea agreement with the government.  In return the remaining charges were dismissed.

When questioned by the court, the 49-year old defendant admitted to having sexual intercourse with the victim. He said he couldn’t resist the evil temptation.

To protect the victim in cases involving domestic sexual violence such as this, Samoa News does not identify the defendant, who remains in custody unable to post bail since his arrest.

LAGI TUI

Lagi Tui, accused of assaulting another man in Pavaiai with a bush knife, is scheduled for his pre trial conference hearing on Jan. 13 after he entered not guilty pleas to felony second degree assault and misdemeanor public peace disturbance during his arraignment hearing in the High Court.

His case was bound over last Thursday from District Court, where he waived his rights to a preliminary examination hearing.

Tui, who remains in custody, is alleged to have used a machete to assault another man, who suffered injuries. The victim was hospitalized and is reportedly recovering at LBJ Medical Center.  It’s unclear why this incident occurred.

ANGELICA HUDSON

The High Court this week sentenced Angelica Vaimoana Paul Hudson to pay a $2,000 fine instead of a jail term for unlawful possession of a controlled substance. She was also ordered to attend and complete drug counseling, not to consume alcohol or drugs and she is subject to random drug testing as well as random search of her home and property.

The charges against Hudson stem from a police raid on a vehicle she was driving in May this year. A male friend was inside the vehicle, which belonged to her husband.

During sentencing, the defendant apologized to the court saying that what happened has caused embarrassment to her family and asked the court for a chance to get her life back.

Assistant Public Defender Leslie Cardin told the court that what was found in the car - the marijuana - belonged to her client’s friend.

She pointed out that this is her client’s first offense and Hudson is a good person, with a lot of positive prospects for the future, such as her plans to start a fashion business. Cardin said her client should be given another chance.

Court information revealed that the amount of marijuana found in the car was small and this was taken into consideration by the court when handing down the sentence.

FELETI NIUE

Feleti Niue's defense attorney has asked the High Court that Niue undergo a mental evaluation.

Niue was sentenced in January this year to aiding and abetting the possession of marijuana. After serving his jail sentence, Niue was required by the court to visit the Probation Office but never showed up.

He also failed to show for two probation hearings ordered by the court in July, prompting a bench warrant to be issued for his arrest in October.

He was finally arrested last month and is now held in custody without bail.

Chief Justice Michael Kruse seemed surprised by the request and asked defense and government attorneys for the reason when Niue had already served his jail sentence and been placed under probation.

He said that local law allows the court to render a decision for a mental evaluation if a defendant’s case has not yet been adjudicated in court.

In this case, the only reason Niue was arrested again, was because he violated his probation. Nuie had not been visiting the probation office after he served the required jail term and had already been released from custody.

Kruse said that it’s still not clear to the court as to why Niue failed to visit the probation office.

Kruse has since scheduled another hearing for Jan. 6 while the request for mental evaluation has been taken under advisement.

Samoa News reporters Ausage Fausia and Fili Sagapolultele contributed to this report.