Apia, SAMOA — Supreme Court Justice, Lesatele Rapi Vaai has signed off on an order of a mediation outcome between former Secretary General of the Congregational Christian Church of Samoa (CCCS) , Rev. Dr. Afereti Uili and Angeline Lesa a member of his church. As reported earlier Rev. Dr Uili’s title and position in the C.C.C.S. were stripped during this year’s annual church conference, on allegations that he was having a sexual relationship with Lesa, a member of his church.

The woman involved was quoted by a newspaper in Samoa alleging sexual allegations and not long after, Rev Uili filed a defamation case against Lesa. During the initial mention of this civil matter back in August it was revealed that there was a mediation hearing, which is between the Judge and lawyers of the parties and plaintiff and defendant, and it was successful. However Chief Justice who was presiding over the matter was unable to sign an order noting that the respondent had not been served and therefore he was unable to issue an order.

Earlier this month, Justice Lesatele, signed the order that was obtained by Samoa News, that an agreement by mediation on August 8, 2016 filed by Ming Leung Wai and the affidavit of the plaintiff. The court made the consent orders that all of the accusations against the plaintiff who was at the General Secretary of the CCCS dated September 9, 2015 signed by Lesa addressed to the Chairperson of the CCCS are not true.

The letter was signed by Lesa but it was written by others. The court’ order also says that “none of the accusations in the letter regarding the plaintiff and which the defendant signed are true. That there are visual and sound recordings and they are not true nor correct. The plaintiff agrees to withdraw the case against the defendant regarding the financial claim stated in the statement of claim.

The plaintiff is satisfied with the confession made by the defendant that the accusations that were made against the plaintiff are false.” The order further says that both parties have agreed that this matter is now discounted.

Back in August, Leung Wai told Samoa News outside of the court that Rev Uili’s intention is not to seek financial gain rather he is a Christian who just wants to clear his name.

34-YEAR OLD MAN JAILED IN SEX CASE INVOLVING 14 YEAR OLD GIRL

Apia, SAMOA — Supreme Court Justice, Tafaoimalo Leilani Tuala-Warren handed down a six-month jail term for a 34-year old man who has been convicted of sexual connection with a 14-year old girl.

Spencer Tulafasa Taito appeared in court last week for sentence on two charges of sexual connection with a minor and four charges of indecent act with a minor. The sexual connection carries a jail term of up to 10 years in jail while for the remaining charges, each count carries a maximum penalty of up to seven years in jail. The defendant entered a guilty plea last month to all the sex charges.

The Prosecution summary of facts says that on July 24, 2016, around 10 p.m., the girl went to the defendant’s residence woke him up and that’s when they had sexual intercourse. The second incident occurred several days later whereas the girl in question again went to the defendant’s house around 1a.m.

The next day the defendant’s mother asked the girl if she wanted to marry the defendant and she said yes, however when the defendant’s sister got home, she chased the young girl outside of the house. According to the summary of facts, the young girl left the house and waited under a banana tree nearby until the accused arrived home later that evening. They then spent the night at a house next to his parent’s home.

The parents of the young girl went looking for the victim and had contacted the police for assistance. The report says that the young girl and the defendant were in a boyfriend-girlfriend relationship. The defendant during sentencing expressed remorse and asked the court for another chance, noting how he’s needed at home to care for his parents.

The court noted that the first aggravating feature is that there is a 20-year age disparity between the defendant and the victim and that the defendant is older and more mature than the victim, and he took advantage of this.

“The second aggravating feature is the vulnerability of the victim. She is 14 years old,” said Tafaoimalo.

She stated that mitigating factors is that the defendant is a first time offender and this is out of character for him as he’s a good man, claims his family, chief, village mayor and Bishop of the church and the court has taken this into account. The court also considered the reconciliation between the families and his early guilty plea.

“In this case, even if the victim had instigated the sexual connection by going to the home of the accused, the accused is a grown man of 35 years who should have known better and sent her home or informed her family as he was well aware she was 14 years old.

Deterrence is needed in this case so that a message is sent to grown men that this type of behavior is unacceptable.” the judge said. “Prosecution recommended  a term of imprisonment is appropriate in this case, probation however has recommended a community based sentence.”

For each of the two charges of sexual connection the defendant was sentenced to six months imprisonment, each of the indecent act, the defendant is to serve the sentences concurrently.