PLAINTIFFS REACTION TO TRIAL DIVISION DECISION ON MANU’A SENATOR

Marcelus Talaimalo Uiagalelei said his clients will be looking at options and decide from there on their next legal move after the Trial Division of the High Court dismissed a lawsuit brought by three traditional leaders of Ta’u County in Manu’a, challenging the selection of Nuanuaolefeagaiga Saoluaga T. Nua to hold one of the two senatorial seats for Manu’a District No. 1 comprising Faleasao, Ta’u and Fitiuta counties.

Nuanuaolefeagaiga along with Sen. Galeai M. Tu’ufuli was sworn into office Jan. 3, 2017 along with the rest of the Senate membership. At the time, there were no objections presented to the Senate over Nuanuaolefeagaiga’s selection.

In its 14-page decision issued Mar. 30, the court concluded that because plaintiffs — Lefiti Atiulagi Pese, Maui Aloali’i and Tauese Va’aomala K. Sunia, for themselves and on behalf of the Ta’u County Council — have not shown that they personally suffered a concrete injury or have a personal stake in the outcome on the senatorial seat selection, they lack standing to bring this case. (See Samoa News edition Apr. 6 for details.)

Responding to a Samoa News request for comments on the court’s ruling, as well as the plaintiff’s next legal move on the matter Uiagalelei said, “Obviously my clients are disappointed with the outcome of the matter. We were hopeful that the Court would decide this matter on its merits because of the irregularities in the process by which the seat was selected.”

He said, “The decision is difficult to accept, but it is the court's ruling. We will take a look at our options and decide from there.”

“However, the court's decision rested on technical grounds,” Uiagalelei said. “As an option, my clients are considering asking the court for reconsideration of its decision, which we hope will result in a more positive outcome.”

ELAINE MICHAELS

After entering a guilty plea to a misdemeanor charge, the District Court has handed down a probative sentence for Elaine Michaels, who was initially charged with felony burglary and misdemeanor third degree assault.

Michaels appeared last Friday afternoon before District Court Judge Fiti A. Sunia for a change of plea hearing, where she entered a “no contest” plea to class C private peace disturbance, which was amended from the assault count.

It was also revealed in court that the burglary charge was earlier dismissed. Private peace disturbance is punishable by 15 days imprisonment and a $300 fine.

She was sentenced after the court accepted the plea. Assistant attorney general Gerard Murphy argued for the maximum sentence  — 15 days in jail — because the defendant had engaged in a fight with the victim in this case.

Murphy also requested to read a statement from the victim, but Sunia asked “Why?” and Murphy responded that the government wants the court to know the seriousness involved in the private peace disturbance that involves a fight.

“I don’t see the need,” Sunia said adding that the court is well aware of this case as well as the evidence surrounding this matter.

Murphy then again argued for the maximum penalty, saying that the victim suffered injuries.

Michaels’s attorney Sharron Rancourt noted that the defendant, among other things, has no criminal history. She also pointed out that there is “disagreement on what happened,” except that there was a fight between the defendant and the victim and the fight should never have happened.

She sought six months probation and left it up to the court’s discretion on the amount of a fine, if the court does impose a fine.

Michaels apologized to the court regarding the incident and claimed that the two families — hers and the victim’s — have already made amends.

In handing down sentence, Sunia said that there’s “discrepancies” in the affidavit, among other things, as one officer wrote up the police report while another officer prepared the affidavit.

“It’s a mess,” he said, and recalled an order to show cause hearing last week, where the deputy police commissioner said he didn’t write up the affidavit in a separate case (not the one involving Michaels), but a police officer who testified in that case said that it was the deputy police commissioner (referring to deputy police commission for police operations, Falanaipupu Taase Sagapolutele) who wrote it up.

And because of the difference between the officer’s testimony and what was on the affidavit, Sunia said that case in particular was dismissed.

Sunia then sentenced Michaels to 6 months probation and to pay a $300 fine, however,  $200 of the fine is deferred if the defendant pays $100 within 30 days. The defendant was also sentenced to 7 days in jail, but the 2 days she was held for pre trial confinement is counted towards the jail time, with the remaining five-days jail time deferred, as long as the defendant abides by all conditions of probation.

Those conditions include that she attends and completes anger management counseling.

As reported by Samoa News in February this year, based on court filings, Michaels and her niece went to the victim’s house and assaulted the victim (Michaels’s other niece) in her home, on January 14, 2017. The fight started inside the house of the victim and ended on the patio. When police arrived and met with the victim, who was observed gasping for air with scratches on her neck and chest area, her blouse appeared to be stretched out. The victim requested medical assistance, which was provided.