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DOMESTIC VIOLENCE CASE NOW SET FOR JURY TRIAL

The High Court has rescheduled a jury trial in the government’s case against a man accused of performing sexual acts upon his wife without her consent. The matter was heard yesterday before Associate Justice Lyle L Richmond who was accompanied on the bench by Associate Judge Mamea Sala Jr. for a change of plea.

However, the defendant told the judges that he was placed in custody and yet he was trying to correct his wife’s adulterous behavior (Sotoma ma Komoro). The defendant added that the laws need to be changed in the territory.

Associate Justice Richmond noted that it’s clear from hearing the defendant, this matter should be scheduled for a jury trial.

The defendant in this case is charged with rape, first-degree sexual abuse, attempted kidnapping and false imprisonment. Samoa News is withholding the defendant’s name to protect the identity of the victim, who is the defendant’s wife in this matter.

According to the government’s case the defendant is accused of raping his wife and holding her against her will. The criminal charges are in connection with a domestic dispute that occurred last month, when the defendant accused his wife of having an affair.

The defendant confronted his wife about the affair at her workplace, according to the government’s case. It’s alleged after the confrontation the woman was taken to the Social Services shelter and several days later she was released and she then went to live with her relatives.

Police affidavit says when the man visited his wife he allegedly forced her to have sex with him and because she was scared of her husband she just let her husband do what he wanted. It’s alleged when the couple agreed to go home and discuss their marital problems, while on the main road the defendant saw his friend and asked him for a ride.

According to court affidavit, the woman then screamed for help when her husband was trying to push her into the vehicle. It’s alleged while the victim was screaming, the defendant placed his hand over her mouth and forced her into the vehicle.

The husband has since been in custody with bail set at $35,000. Jury trial is now scheduled on September 11, 2012. Prosecuting this case is Assistant Attorney General Celia Reyna.

THREE FAMILY MEMBERS PLACED ON PROBATION FOR PPD

Talaleu Fanene, Sarai Lemalu and Leniva Saifoloi who were arrested in February 2012 over a land dispute were sentenced to a one year probation term for public peace disturbance.

The incident occurred at Coconut Point. The defendants appeared before District Court Judge John Ward Monday morning. The defendants were initially charged with PPD and third degree assault, however during a bench trial last week they were found guilty of PPD.

District Court Judge John Ward sentenced Fanene, Lemalu and Saifoloi to one-year probation with the condition they undergo and successfully complete anger management.

The defendants were also ordered to not make direct or indirect contact with the victims or go near their home and they were also ordered to pay a fine of $150 each.

According to the government’s case the three defendants were in a vehicle that parked on the victims’ land at Coconut Point. The government claims the victims, a grandmother and her granddaughter, asked the defendants not to park on their land and that’s when the defendants assaulted both. Prosecutor for this matter was Assistant Attorney General Blake Hanley.

VICTOR LIWAN TACLOLOY PLEA HEARING CONTINUED

A Filipino man charged in connection with a sex case has received a plea deal offer from the government. However the defense lawyer has asked the court for additional time while they find a translator who will translate the offer for the defendant.

Victor Liwan Tacloloy is charged with sexual abuse, resisting arrest, third degree assault and public peace disturbance. This matter was heard before Associate Justice Lyle L Richmond who was accompanied on the bench by Associate Judge Mamea Sala Jr.

Acting Public Defender Leslie Cardin asked the court for a brief continuance while her office locates a Filipino translator to translate the plea offer to the defendant, who has been in custody since his arrest.

Richmond granted the request and scheduled another plea hearing next week Monday.

According to the government’s case the defendant engaged in a drinking session with a young girl and it’s alleged after the party, which occurred in October 2011, he touched the minor inappropriately. Deputy Attorney General Mitzie Jessop Folau is prosecuting in this matter.



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