SALISA IN COURT FOR SEX CASE

Chief Justice Michael Kruse will render his decision on whether or not the court has accepted the plea agreement between the government and Liukofu Salisa who was originally charged with statutory rape, sodomy, sexual assault, deviate sexual assault, sexual abuse first degree and endangering the welfare of a child — a 14- year old girl. In a plea agreement with the government, the 23-year-old defendant pleaded guilty to sexual abuse and endangering the welfare of a child.

The matter however was taken under advisement and Kruse has scheduled for it to be heard this week. If accepted sentencing will be scheduled this week. The court also ordered for a probated sentence report on this matter.

According to the government’s case the incident came to light when the girl’s father filed a criminal complaint against the defendant, after the girl informed him she was having sex with the defendant.

The police spoke to the girl and she admitted that she had sexual intercourse with the defendant several times and at the time he would leave “love bites” on her chest. It’s alleged that in July 2015 the victim was not at home when her aunt arrived at the house and when she finally came home she was questioned, and the girl said she was with the defendant. Court filings say that the uncle also caught the girl and defendant having sex in the bushes nearby. The defendant during questioning by the police stated that he met the girl at the waterfall near his house and admitted to having sex with the girl on several occasions.

He is represented by Assistant Public Defender Mike White while Deputy Attorney General Mitzie Jessop is prosecuting.

COURT WILL ISSUE WRITTEN DECISION IN JOE TOGITOGI’S BENCH TRIAL

The bench trial for Joe Togitogi ended with Associate Justice Lyle L Richmond saying the court would issue a written decision in this case.

Togitogi is not new to the court system; he was in court in 2014 for an assault case and again appeared last year in another assault case. Togitogi is charged with first-degree assault, and is being held behind bars on bail of $30,000.

This is in connection with the alleged assault of a man who suffered a fractured jaw in two places, which led to a six-hour emergency surgery. The assault count is a class B felony, punishable from five to 15 years in jail.

According to the government’s case, on May 27, 2015 police were contacted for assistance regarding a man who had been beaten by a crowd in front of a store in Nu’uuli. Police arrived and were unable to locate anyone involved in the fight. However, that same day, the police received a call from the hospital regarding an assault victim who was being treated at the hospital. Court fillings say the nurses informed the police officers that the victim’s face was bleeding and he was given morphine due to the pain.

The victim told the police that he was walking his girlfriend home when he saw the defendant and then approached him, as he had been suspected of breaking into his girlfriend’s house and stealing a television. It’s alleged, when approached by the victim, the defendant became angry and punched the victim in the face with his fist.

The victim attempted to defend himself, however a group of unknown males who were with Togitogi, joined in the fight and continued to beat him. Court filings say that the victim managed to escape, and ran to his girlfriend’s house, where he was taken to the hospital.

The next day, police arrested the defendant and he allegedly admitted to punching the victim once, but further told the police that it was the other boys who had assaulted the victim. Court filings say the defendant resisted arrest when the officers were trying to place handcuffs on him.

BACKGROUND

In the previous case against Togitogi, he had been charged for threatening a homeless man with a knife and then while in jail he escaped from the facility, so as a result he was charged with escaping from police custody. He pled guilty to unlawful use of a weapon and third degree assault, while the remaining charges were dismissed as part of the plea deal. During sentencing, the defendant apologized for his actions, saying he was remorseful.

At that time, the Chief Justice stated the defendant is well known in the District Court as he has appeared five times there, and twice before the High Court. The CJ further asked Togitogi to explain to the High Court why he would deserve another chance, as the court is concerned that if they release him, he will go out and commit another crime making it his eighth time before the court.

Samoa News also notes that Togitogi was the victim in a police brutality case that led to criminal charges being filed against Police Officer Sianava Nu’usila, who then worked at the Tafuna Correctional Facility. The officer was subsequently found guilty and ordered to serve 30 days in jail.