Court Report

Translated by Samoa News staff

SANO MAGAULI

A man has been sentenced by the court to serve 45 days — without release — at the Territorial Correctional Facility, after violating conditions of his probation from a previous case.

At sentencing last Thursday, District Court Judge Elvis P. Patea says that Sano Magauli was sentenced to 16 months probation, after being convicted in July 2015 for public peace disturbance.

However, about 10 months after that, the defendant was again charged in May this year for misdemeanor public peace disturbance and was sentenced to 18 months probation. Then last month, the Probation Office filed a motion in court to void the defendant’s probation sentence for failure to comply with all conditions of his probation.

In its motion, the Probation Office informed the court that Magauli failed a drug test, in which he was tested positive for marijuana use. Additionally, the defendant failed to visit the Probation Office once a month and failed to attend and complete anger management as well as alcohol counseling classes.

After reviewing documents filed in case, Patea agreed with Probation Office that the defendant didn’t abide with all conditions of his probation and was sentenced to 45 days in jail without release.

MORE DOMESTIC VIOLENCE CASES IN COURT

Another domestic violence case came before District Court last Thursday for sentencing and District Court Judge Elvis P. Patea told the male defendant that the court doesn’t take these cases lightly.

Patea says that a week doesn’t go by without these cases coming before the court, and the court doesn’t take lightly its decision when these cases are heard. He says it’s important that defendants learn their lesson from the sentence handed down in these domestic violence cases.

In the latest case, the defendant was convicted of misdemeanor third degree assault while the second misdemeanor count of public peace disturbance was dismissed. According to court records, the defendant slapped his wife in the face in front of his sisters and the couple’s child.

The defendant told the court that an argument between him and his wife started, when he was putting away his wallet in the area where his clothes are kept resulting in his wife getting suspicious that he was trying to hide something.

The defendant told the court that he pushed his wife out of the way, but the government responded that the defendant did slap his wife in front of his sisters and one of the sister’s called police for help.

The defendant was sentenced to 65 days imprisonment, and the 64 days that the defendant spent in jail since his arrest was counted towards the jail term. The defendant was supposed to be released last Friday morning, for the 65 days.

However, Patea ordered that the defendant still be kept in jail because the defendant has another case pending before the District Court.

MERIPA MATA’UTIA

Meripa Mata’utia has been charged with two misdemeanor counts of third degree assault and public peace disturbance following an incident, which occurred in Vaitogi more than a week ago, where the defendant used a tree branch to assault another woman.

Court records shows that the victim had allegedly yelled at Mata’utia’s daughter and the defendant then confronted the victim, who told police that while the pair was talking, the defendant used a tree branch to strike her on the hand.

Mata’utia appeared in court last week and was released from custody without bail to await her next court appearance. The court has ordered the defendant not to make any direct or indirect contact with the victim, while the case is pending in court.

Comment Here