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“Vicious Attacker” asks court for reconsideration

reporters@samoanews.com

A man who was labeled by the High Court as a “Vicious Attacker” and was jailed for 20 months after he attacked a woman when she refused his sexual advances, is asking the court to reconsider his sentencing.

Siua Sausaulele was sentenced after he pleaded guilty to second degree assault.

Sentencing was handed down by Associate Justice Lyle L Richmond, who was accompanied by Associate Judge Mamea Sala Jr on February 23, 2012.

Sausaulele’s reconsideration motion was filed through his lawyer Assistant Public Defender Mike White. According to the motion at the time when the defendant was sentenced he was gainfully employed.

The motion has it that Sausaulele has no prior significant criminal history and had served six months at the Tafuna Correctional Facility before he could make bond, where he was out for an extended period without any action taken towards his case.

According to the motion the defendant shows that his previous employer is willing to allow him to continue employment and Sausaulele’s family is suffering due to financial hardship without his income.

When Sausaulele was sentenced he apologized to the victim who was present in the court room. “May you find the heart to forgive me for what I did to you”, said the defendant. Sausaulele’s wife who was in tears also took the stand and apologized to the victim on behalf of her husband.

Assistant Public Defender Mike White told the court this matter is an isolated case, and the defendant has no prior criminal record and “again he wished me to convey his deepest apologies to the victim.”

Deputy Attorney General Mitzie Jessop Folau presented the court with a photo of the victim the night the incident happened.

The photo presented had the victim crying and had a laceration on her forehead which required eight stitches.

The Deputy AG said on the night in question there was a party and alcohol was involved. “The victim was looking for a ride to go to a relative’s house when the defendant voluntarily offered to drop the victim off.

“Instead of going to the victim’s relatives home the defendant drove to the MNO strip, where he attempted sexual advances on the victim and when she refused this was the outcome (referring to the photo).  “The defendant took it very badly and instead attacked her.”

Associate Justice Richmond agreed this was an isolated case and it was out of character, but said what the defendant did was a vicious attack.

Sausaulele was sentenced to five years in jail however sentencing was suspended and the defendant was placed on five years probation under the following conditions, that he serve 20 months in jail, remain a law abiding citizen, pay restitution, undergo and complete Alcohol Counseling, and Anger Management Counseling, cannot consume any alcohol nor congregate with anyone who drinks alcohol.

The defendant is also subject to random testing of alcohol and probation officers and police officers can carry out random search of his vehicle, home and properties for suspicion of illegal drugs or alcohol, he was also not leave the territory unless authorize by the court.

The hearing into the reconsideration motion is scheduled to be heard this Friday before Richmond and Mamea.



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