Pago Pago, AMERICAN SAMOA — Jury instructions and opening statements for the trial of a man accused of bringing illegal drugs into the territory began yesterday in High Court.

Sonny Tui, who has been in custody since his arrest, unable to post a $40,000 surety bond, is charged with unlawful possession of a controlled substance (methamphetamine); unlawful possession of methamphetamine with the intent to distribute; and authorizing illegal drugs into the territory.

A six-member jury — four females and two males — was selected this past Monday.

Tui is represented by private attorney Marcellus Talaimalo Uiagalelei while prosecuting for the government is Assistant Attorney General Christy Dunn. The government's lead investigator is Det. John Seumanutafa.

Dunn told jurors that based on the weight of the illegal drugs discovered by Customs agents in a package addressed to Tui, the drugs were for dealer purposes, not for personal use. However, Uiagalelei said the government’s case is based on miscommunication between the Custom agents and his client.

PROSECUTOR'S OPENING ARGUMENTS

Dunn told jurors that on Friday, Dec. 8, 2017, a box arrived at the Pago Pago International Airport in Tafuna via a cargo flight. Customs agents carried out their usual screening process for all mail brought inside the area where it is sorted and stored for pick-up.

On the day in question, Customs agent, Faifua Jr Suafo’a, who screened the mail, came across a box that contained information that made him suspicious.

The information had to do with the sender and receiver. The box was sent from Martinez Rodorigo of Mexico, and addressed to Sonny Tui of American Samoa.

Customs agent Suafo’a pulled the box and scanned it in the presence of an agent for DHL, a local shipping company. After the box was scanned, the Customs agent opened it and discovered 2 t-shirts and a speaker inside. The DHL agent contacted Tui to come to the airport to pick up his package; however, Tui told the DHL agent that he will be there the following week on Monday.

The Customs agent re-sealed the box and placed it inside the Customs office at the airport, to await Tui.

On Monday, Dec. 11th, Tui went to the airport to pick up his package. When he arrived, the Customs agent asked him about the contents of the box, and Tui said it’s a gift from his wife and kids.

The Customs agent opened the box in Tui's presence and inside were 2 t-shirts and a speaker. Inside the speaker was something wrapped with bubble wrap. When Tui saw what was inside the speaker, he immediately told the Customs agent that it didn't belong to him, it must belong to the sender.

Dunn told jurors that it was at that time when the Customs agent reminded Tui about his previous statement, when asked about the box, that it was a gift from his wife and kids. According to the government, Tui changed his story and told the Customs agent that he had ordered it online.

Inside the speaker was white bags containing a white crystalline substance, which Dunn said was sent off island to the Drug Enforcement Agency (DEA) office in Hawai’i for testing.

A DEA chemist said the 110grams of alleged methamphetamine found inside the speaker was way more than a quantity for personal use.

DEFENSE REMARKS

In his opening remarks, Uiagalelei introduced his client to the jury. He said Tui is a resident of Pago Pago, American Samoa, but he resides at the Territorial Correctional Facility (TCF) in Tafuna.

Uiagalelei told jurors that on Dec. 11th, his client went to the airport after he received a call from a DHL agent that he has a package at the airport. When Tui arrived at the Customs office inside the airport, he was asked if he was expecting a package. Tui said yes.

However, when the Customs agent showed Tui the items inside the package, Tui told him the package did not belong to him.

Uiagalelei said that since that day — up until now — his client still maintains his story.

“This case is about miscommunication. Sometimes, people hear what they want to hear, despite the fact that what they said they heard was not said,” Uiagalelei told jurors.

“So, it’s your job to decide what was actually said on Dec. 11th. Remember that the government has the burden to prove their case, and it’s your duty to consider all of the evidence to decide whether the government can prove their case beyond a reasonable doubt.”

Uiagalelei reminded the jury that if they feel that the government is unable to present sufficient evidence to prove their case, it’s their duty to find his client 'not guilty' of the charges against him.

GOVERNMENT’S FIRST WITNESS

The government’s first witness was Customs agent Suafo’a, who was the K-9 handler on the day of the alleged incident, but is now the officer-in-charge for container scanning.

Suafo’a has been with Customs for 13 years and was certified in 2014 as a K-9 handler, a position he held for 8 years. He has been involved in investigating over a hundred cases involving illegal drugs allegedly brought in via cargo mail.

On the day in question, Suafo’a was the agent who scanned the package that was addressed to Tui.

When asked by Dunn whether he recognized Tui in the courtroom, the witness pointed his finger at the defendant.

Suafo’a’s testimony mirrored what the prosecutor said in her opening remarks.

When asked by Dunn why the package addressed to the defendant looked suspicious to him, Suafo'a said not only was it sent from Mexico, it also contained a speaker, which he said is one of the common ways people use to smuggle illegal drugs into the territory.

He said when he opened the speaker box, he noticed that one of the screws was loose, while the other had scratch marks on top.

“Before I opened the package, I asked Tui what the package was for, and he told me it was a gift from his wife and kids. But when I opened the package and discovered something inside, Tui told me the package does not belong to him,” the witness recalled.

The trial resumes at 9a.m today.

Presiding is Associate Justice Fiti Sunia, assisted by Associate Judges Faamausili Pomele and Muasau T. Tofili.