Lawyers for convicted Samoa Ministers plea for fines, not prison

Defense counsels for two government ministers found guilty of obstructing police spoke of their clients shame from the whole affair.Associate Minister of the Ministry of Commerce Industry and Labour Muagututagata Peter Ah Him also faced sentencing on a traffic offense.Along with that of Muagututagata, counsel for Deputy Prime Minister Fonotoe Pierre Lauofo made verbal submissions asking for monetary fines only.In his final submissions, Donald Kerslake, defence counsel for Fonotoe, told the court of his client’s “shame” associated with the whole affair.Mr. Kerslake represented Fonotoe in the two-day hearing relating to charges stemming from a traffic incident that occurred of 4 October, 2013 in front of the Development Bank of Samoa.Fonotoe had initially pleaded not guilty to the charge of obstruction of justice by inciting or encouraging a police officer from conducting his duty that night.Muagututagata had also pleaded not guilty to the charges of making an illegal U-turn and obstruction of police by not completing a breathalyzer test ordered by Police at the roadside stop.Following the hearing District Court Judge Vaepule Alo Vaemoa Va’ai found both defendants guilty of the charges against them.They were scheduled for sentencing yesterday morning.However, when the matter came before the court the defence counsel opted to read out their submissions. Mr Kerslake in presenting his submissions and mediating factors on behalf of his client told the court to consider Fonotoe’s good character which was highly regarded by his peers and especially his family.Fonotoe has no previous convictions and he had apologised on national television after “your honour’s guilty verdict”. The impact of that decision brought embarrassment to Fonotoe, his family and his villages especially due to its coverage in the media.He told the court that his client was “remorseful”.Mr. Kerslake then continued on the possible penalty to be imposed on his client telling the court to consider that it was not a very serious offence since there was no physical contact associated with the obstruction conducted by Fonotoe. But Judge Vaepule said “that is what should have been in the forefront of the mind of a person who holds public office”.He said that Muagututagata’s obstruction was direct and this related to his not completing the breathalyser test that was being conducted at the time.However, Fonotoe’s obstruction was indirect and encouraging. So in his opinion with all due respect it was a serious enough offence.“Perhaps if he didn’t stop nothing, would have happened, perhaps if he stopped but was silent nothing would have happened,” Judge Vaepule said to Mr Kerslake.He said that he would consider the defence submissions however “if you hold public office you have to behave at a certain level to reflect that office”.