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Court Report

[SN file photo]
reporters@samoanews.com

MUKESH CHAND

A 53-year-old man, whom court documents show was born in Fiji in 1963, has pled not guilty to three felony counts in connection with a sex case involving a 17-year-old victim.

According to the government’s case, Mukesh Chand, who is out on a $20,000 bond, is charged with one count each of sodomy, a class B felony, punishable by not less than 5 years and not to exceed 15 years imprisonment; deviate sexual assault, a class C felony, punishable by imprisonment of not to exceed 7 years and/or a fine not exceeding $5,000; and first degree sexual abuse, a class D felony, punishable by imprisonment of not to exceed 5 years and./or a fine of not exceeding $5,000.

Chand was arraigned in High Court recently and enter a not guilty plea to the charges.

According to court documents, a police lieutenant walked into the Tafuna police substation around 10a.m. on Apr. 9th with a man, who wanted to file a police report regarding his daughter who he alleged as being sexually assaulted by the defendant.

About 45 minutes later, the victim and her mother showed up at the police station. Court documents say the defendant’s daughter is a friend of the 17-year-old female victim and the alleged sexual assault occurred in the early morning hours of Apr. 6th, when the victim was at her friend’s home.

The affidavit supporting the arrest warrant details what the victim told police of what the defendant allegedly did to her, including inserting his finger into her private parts and touching her in a sexual manner.

LOLANI TAMALEMAI

A man accused in 2015 of having sexual contact with a 9-year-old has been sentenced to serve 5 years in prison.

Lolani Tamalemai, 39, was initially charged with three felony counts — first-degree sexual abuse, sodomy and sexual assault — and one misdemeanor count of endangering the welfare of a child.

But under a plea agreement with the government and accepted by the court last month, the defendant pled guilty to sexual assault and the remaining charges were dismissed. For the guilty plea, the defendant admitted that in 2015 he had sexual contact with a nine-year-old girl.

Tamalemai was in High Court late last week for sentencing, where he apologized to the court, the people of American Samoa, and the victim’s family for his crime.

The defendant has been in custody since his arrest in April 2015 and he told the court that his time in jail has been a learning lesson for his life. He sought leniency, which would allow him to return home to his family and village.

Tamalemai’s attorney assistant public defender Michael White sought a probative sentence saying that this is his client’s first time before the court. While the defense acknowledged the seriousness of the crime committed by the defendant, White said his client is remorseful.

However, assistant attorney general Jedidiah Bigelow argued for the maximum sentence allowed by law, saying that the defendant committed multiple sex crimes against the nine-year-old who will be traumatized for a long time. He also told the court when the government tried to contact the victim for information, she was in an emotional state due to what the defendant did to her.

Acting Associate Justice Elvis P. Patea said the court is disturbed with the defendant’s crime and gave the maximum five-year imprisonment as allowed by law. The defendant was also ordered to register as a sex offender and take the HIV test.

Chief Associate Judge Mamea Sala Jr., and Associate Judge Tunupopo Alalafaga flanked Patea on the bench.

VILIAMU SOU

The government has charged Viliamu Sou with felony second-degree assault and misdemeanor public peace disturbance following an incident early last week in which he allegedly assaulted a 16-year-old, resulting in the victim suffering injuries. The extent of the injuries was not immediately clear from court information.

The alleged assault took place during an incident between the defendant’s son and the victim.

As of late last week the defendant remains in custody unable to post a $5,000 bail. If he is able to post bail, the District Court has ordered him not to make contact with any of the government’s witnesses in this case, as well as with the victim.

Sou’s preliminary examination hearing is set for tomorrow (Thursday) in District Court.