Illegal immigrant sentenced to seven years for sexual assault
Chief Justice Michael Kruse has appealed to Attorney General Afoa L Su’esu’e Lutu to look into the Immigration office, given the many problems surfacing from this office. Kruse made these comments when handing down sentence for 22 year old Kolio Juby, also known as Junior, who admitted forcing an 11-year-old boy to perform oral sex on him.
Kruse noted that Kolio’s sponsorship was terminated before the incident occurred and had Immigration done their job of removing him from the territory when his sponsorship was terminated, this incident would not have happened.
Kolio, who lived in Fagasa, was sentenced to a seven year straight sentence. He was initially charged with child molestation, sodomy with a child, endangering the welfare of a child and third degree assault.
In the plea agreement with the government the defendant pleaded guilty to deviate sexual assault, which was amended from the sodomy charge, while the government motioned to have the remaining charges dismissed. The deviate sexual assault count is a class C felony punishable by up to seven years in jail, a fine of up to $5,000 or both fine and jail time.
During sentencing the defendant apologized for his actions to the court, the government, his parents, Fagasa village, his church and especially to the victim and his father, who were both present in court.
The defendant in tears begged the court for another chance to allow him to care for his mother and continue his service to the village and church. The court also heard from the defendant’s aunt whom he lived with at Fagasa, as she pleaded that Kolio be allowed to return home to her, noting that she was away when the incident occurred.
The aunt, who Kolio referred to as his mother, also apologized to the victim and his father for Kolio's wrongdoing, and asked that they forgive him of his stupidity. She noted however that if the court sends him to jail, this would be a learning lesson for him.
Kruse asked the woman as to the whereabouts of the defendant’s natural parents, and she replied that they are in Samoa. The Chief Justice noted that the probation office says he’s been an illegal foreigner in the territory since 2009.
Assistant Public Defender Leslie Cardin informed the court that the defendant is willing to depart the territory voluntarily and remain outside the territory for the period of his sentence.
Assistant Attorney General Camille Philippe recommended that more jail time should be imposed in this case.
Kruse noted that the probation sentence report says the defendant’s sponsorship was terminated and Immigration should have sought for him to leave the territory. He asked Philippe to relay to the AG that the new administration is keen on cleaning up the Immigration office.
Kruse reiterated that the incident would not have occurred if Immigration had done their job.
He added that the 11-year-old could be traumatized by this incident.
Kruse sentenced the defendant to seven years in jail and ordered him to register as a sex offender and undergo HIV testing. He noted the defendant has never been gainfully employed given his illegal status and he’s living an aimless life in the territory.
Kruse also ordered Kolio to leave the territory after serving the seven years. He noted the defendant was given a big break by the government when the child molestation charge was dismissed. He ordered that his immigration report be sent to the parole board, the AG’s office and the court.
According to the government’s case, on July 25, 2012 police received a call from the Child Protective Services with the Department of Human and Social Services about a possible sexual case involving a minor. Court filings state Social Services received a call about an 11-year-old boy being forced to perform oral sex, and the next day detectives with the CID investigated the matter and met with the victim and his father.
Police also questioned the defendant, who admitted that he forced the victim to perform oral sex.