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Court Report

FEGAUIA’I TOESE DENIES FORGERY AND STEALING CHARGES

A former clerk for Kooline Refrigeration, Fegauai Toese, has denied the charges of stealing and forgery, in the High Court when she was arraigned yesterday morning.

Toese waived the reading of rights and charges against her when she appeared before Chief Justice Michael Kruse. Toese was arrested last week on allegations, by her former employer, that she forged two checks belonging to the company.

The forgery and stealing counts are both class C felonies which are punishable with up to five years in jail, a fine of up to $5,000 or both.

According to the government’s case the incident was discovered when the Kooline Refrigeration Samoa manager, who was off island from June 1-9, 2012, found upon his return three checks missing.

The manager told police he tried to contact the defendant, but she had left for Samoa. According to court filings, upon the defendant’s return she did not return to work.

It’s alleged the manager went to the defendant’s house and confronted her about the missing checks.

The defendant told the manager she took three checks but only forged and cashed one check in the amount of $619.13 and she trashed the other two checks.

Court filings say that Toese returned one of the checks which she claimed she threw away.

The Kooline manager received a call from ANZ bank that the remaining missing check was cashed in the amount of $579.86.

Toese, who was employed at Kooline, located in Nu’uuli, for just a few months, forged checks she wrote in her name and cashed them for her personal use. The defendant, is held on bail of $10,000 is scheduled to appear for her pre-trial conference on August 21, 2012.

The defendant is represented by Assistant Public Defender Leslie Cardin while prosecuting is Assistant Attorney General Kimberly Hyde.

13 ARRESTED DURING JULY 4th HOLIDAY FOR PPD AND DUI

The District Court was crowded on Thursday after police arrested thirteen people during the July 4 holiday for public and private peace disturbances, underage drinking and driving under the influence.

Among the defendants was an 11 year old juvenile who is now facing charges, on allegations that he struck a 17 year old boy with a hammer on the face and hand.

Assistant Attorney General Terrie Bullinger who prosecutes juveniles told Samoa News the 11-year-old boy was booked and released to his parents on Tuesday following the incident.

Bullinger said the police report has it that the 17 year old juvenile bullied the 11 year old. She explained that the 17 year old was threatening, harassing, punching and pushing the 11 year old who turned around and struck the 17 year old with the hammer in the head and arms.

The 17 year old sustained a laceration on his eye and arm which required three stitches for each injury.

Bullinger said the government is charging the 11 year old with second-degree assault and public peace disturbance and they are also looking at charging the 17 year old for his alleged bullying acts.

SOLOMON ARU IN HIGH COURT

Plea negotiations and further investigations are continuing in the government’s case against Solomona Aru, a fisherman charged with deviate sexual assault, sexual abuse and endangering the welfare of a child.

Last month Aru denied the sexually related charges against him when he appeared before Associate Justice Lyle L Richmond and Associate Judge Mamea Sala Jr.

The matter was scheduled for a pre-trial conference upon the request of Assistant Attorney General Cecilia Reyna who asked the court for a brief continuance.

According to the government’s case Aru is accused of allegedly trying to rape a woman, who was sleeping at home with her young child.

According to the government’s case the defendant went to a restaurant in Atu’u asking the victim for a lighter; however the woman told the defendant to go away because the restaurant was already closed.

The woman told police she had told the defendant a couple of times not to show up at the restaurant in the evening because it was closed, however the defendant allegedly continued to show up.

According to the government’s case the 41-year-old woman was sleeping with her eight-year-old child when she felt someone heavy on top of her. It is alleged that the defendant was touching her in a sexual manner.

Another pre-trial conference date for Aru is set on July 30, 2012 he’s represented by Assistant Public Defender Mike White.