Pago Pago, AMERICAN SAMOA — District Court Judge Fiti Sunia has dismissed without prejudice the felony charge of first degree sexual abuse against the Governor’s Chief of Staff, Fiu Johnny Saelua, after the government failed to produce any witnesses during a preliminary examination (PX) yesterday afternoon.

Dismissing without prejudice means that charges can be filed again at a later date.

Fiu appeared in court yesterday for his PX, represented by private attorney Marcellus T. Uiagalelei, while prosecuting the case is private attorney David Vargas, who is the Independent Prosecutor (IP), appointed by the court last year.

When Fiu’s case was called, Vargas moved for the court to exclude everyone not related to the case, including the media.

Vargas’s motion was denied by Sunia.

Sunia then asked the prosecutor to call their witness to the stand. That's when Vargas informed the court that the government does not have a witness.

Lead investigator, Capt. P. Clemens was sitting beside counsel Vargas during the hearing.

“Well, because the government does not wish to call any witnesses, there is no reason for the court to determine if there is any probable cause to bind the felony charge over to the High Court. So, the felony charge against Fiu is now dismissed without prejudice,” Sunia said.

The misdemeanor charge still remains.

After a brief discussion with both parties, the court scheduled Fiu’s next hearing for Oct. 9 at 11a.m.

Sunia reminded Fiu of the conditions of his release, which include no direct or indirect contact with the government’s witnesses.