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Court Report


The Independent Prosecutor’s case against government employee Stoechkict “Sturky” Allen, charged last year January with three counts of forgery and one count each of embezzlement and public servant acceding to corruption, will proceed to trial.

Allen is accused of forging Certificates of Identity and pocketing fees collected for it, between 2007 and 2008. During the pre-trial conference yesterday before Associate Justice Lyle L. Richmond and Associate Judge Mamea Sala Jr, Independent prosecutor Marcellus Tala Uiagalelei asked the court to set a jury trial date.

He said that his offer of opening up discovery files for defense to view in this case still stands, however Fiti Sunia, who represents the defendant, has yet to come by his office to view the files. Uiagalelei further stated there have been no negotiations or a resolution in this matter and therefore he will ask the court for a jury trial.

According to the government’s case, special agents with OTICIDE met with a couple who filed a complaint with police against the defendant. It’s alleged that the couple visited the Attorney General’s office to obtain five Certificates of identity (CI) for their family as they would be traveling to Samoa for the holidays back in December 6, 2007.

The couple said that Allen told them to meet him at his residence in Vaitogi the same evening because they are busy. It's alleged Allen told the complaining witness that it’s $50 for five CI’s and $250 was handed to Allen for five CI’s.

The government claims that on December 24, 2007, the family left American Samoa, and upon arriving at the airport in Faleolo Airport, immigration took the CI’s to be verified and noted that one CI number was used by another person and another CI is expired .

The couple was told by the Samoa Immigration officer that they had to return to American Samoa and could not enter Samoa. It’s alleged the couple pleaded with the immigration officer to allow them to pay US$ 150 for their CI’s in Samoa.

Charges against Allen go back more than three years. Allen has been charged three separate times in the same incident.

The first was back in 2008 but that case was dismissed without prejudice while the government requested the court for the Independent Prosecutor to take over the case, citing conflict of interest.

Last year, the IP filed the charges, but that ran into problems due to a May 2010 ruling where the Trial Court ruled that the IP statute was unconstitutional.

Richmond has set the jury trial on January 11, 2013.


Malieo Junior Maui, charged on allegations he burglarized apartments in Fogagogo last year May and held on bail of $10,000 made his initial appearance in District Court yesterday.

The defendant was arrested by Detectives of the Criminal Investigation Division Thursday afternoon at his residence in Fogagogo.

According to the government’s case on May 30, 2011, a break-in was reported to the Department of Public Safety. The victim told police she was awoken by someone shining a flashlight or a torch in her lounge. She further stated that she yelled at the defendant asking what he was doing in her apartment but the defendant opened the door and left.

The government claims the victim went after the defendant to find him standing outside her front door. The victim asked the defendant why he was in her house, but the defendant apologized and said his name is John Aitui. It’s alleged the victim yelled for assistance from the office of the landlord, which is next door.

Detective Sgt. Siliaivao Sea noted in the court affidavit that this matter was referred to CID and he was assigned on this case. Det. Sea states that when visiting his sister-in-law in Fogagogo he asked one of his nephews about John Aitui.

It’s alleged the nephew told the Detective that the defendant and his friends mentioned the alleged break in. The defendant admitted to police that he entered into the victim’s apartment through a window screen wire, which he tore.

Maui noted he had already apologized to the victim in this matter. Court filings state that police inquired why the defendant broke into the apartment, to which he responded “he was intoxicated and his actions were inexcusable”.

Preliminary Examination for the defendant is scheduled for next Monday.


An additional case has been filed against the Hymie Sefo, who has another recent case pending in the High Court. In this new case, Sefo is charged with receiving stolen property a class C felony which is punishable up to seven years in jail a fine of up to $5,000 or both. SEFO made his initial appearance in the District Court yesterday morning.

According to the government’s case, an alleged burglary occurred at Leone High School where laptops were stolen. A LHS teacher told police five Imac computers and five keyboards and five mouses and a hard drive were taken from the classroom.

The government claims, that two other men burglarized the school and Sefo received one of the laptops. Sefo claims he threw the computer away as it was inoperable and he didn’t want to get caught with a stolen computer in his possession.

Sefo is held on bail of $5,000 in this matter and preliminary examination will be held next Monday.

This hearing is for the court to determine whether the government has sufficient evidence to have this case proceed to the High Court for other court proceedings or disposition.


Tito Malae, charged in connection with an assault case which is alleged to have occurred in Ili’ili two weeks ago, denied the charges against him, when he was arraigned in the High Court yesterday.

 The man in his 50’s is charged with assault in the second degree, which is a felony and public peace disturbance charges, a misdemeanor.  

According to the government’s case, Malae got into a verbal argument with another man, over land and the argument escalated.  It’s alleged Malae struck the victim on the head three times with a rock. The victim was taken to the hospital for treatment with the injuries to his head requiring 12 stitches.

Malae is out on a surety bond of $5,000 and is represented by Marcellus Tala Uiagalelei.

The defendant’s next appearance in court is set for October 5, 2012.