Pago Pago, AMERICAN SAMOA — District Court Judge Fiti Sunia appeared confused — and frustrated — yesterday morning after he was told that two defendants who were scheduled to appear for pretrial conferences are currently off-island.

"Is there not a list?" Judge Sunia asked an Immigration officer who was present in court yesterday.

The inquiries started after the court was informed that Kuinise Moeai, one of five people charged with public peace disturbance following a land dispute in Faleniu late last year, was not present in court because she is currently in the US.

"She was not supposed to leave without a court order," Sunia said. He went on to ask — out loud — how people who are released to Immigration's custody are permitted to travel, despite an order from the court that they "not leave or attempt the leave the territory."

"This is the second one this morning," Sunia said. "This is not going to work… if the government allows people to leave despite an order from the court."

Prosecutor Assistant Attorney General Jason Mitchell told the court that discovery in Moeai's case has been provided, and the government is currently "sorting through the situation."

"But we can't move forward without the defendant," Sunia said. He then issued a bench warrant for Moeai and told Wells to "inform" her client of it.

Another defendant, Poasi Puloku — also charged with public peace disturbance and scheduled to appear before Judge Sunia yesterday — is also off island.

The court was informed by an Immigration officer that Puloku departed the territory on Jan. 24 for Tonga.

Puloku is a Tongan national.

"How does he get to leave?" Judge Sunia asked. He then ordered the issuance of a bench warrant for Puloku, with no bond. "Tell him when he gets back," Sunia concluded.