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Court Report

PUNEFUOLEMOTU TUAOLO ENTERS GUILTY PLEA

 

Chief Justice Michael Kruse accepted the plea agreement between Punefuolemotu Tuaolo and the Attorney General’s office in High Court yesterday morning. Tuaolo was arrested in 2012 when the Department of Public Safety allegedly confiscated more than $10,000 (street value) worth of methamphetamine, some marijuana and a rifle belonging to Tuaolo. The defendant, who’s been held on bail of $100,000, was facing unlawful possession of a controlled substance (methamphetamine), unlawful possession of a controlled substance (marijuana), possession of an unlicensed firearm and unlawful possession of ammunition.

 

In a plea agreement with the government, the defendant pled guilty to unlawful possession of a controlled substance of methamphetamine and unlawful possession of a firearm, while the government moved to dismiss the other charges. According to court filings, the police had executed a search warrant on Tuaolo and his residence after catching up with him in his vehicle in Malaeimi, where he was pulled over.

 

Court filings say members of the public started to crowd into where police were trying to carry out their duties and therefore Tuaolo and police proceeded to the Central Police station where Tuaolo’s vehicle was searched. Court filings say the police found 15 baggies containing methamphetamine in a pink pouch between the driver’s seat and the passenger seat. Of those baggies, 12 were stamp size, while three were medium size baggies.

 

The police also found in the pink pouch a plastic baggie, which contained marijuana. Court filing says during the search of Tuaolo’s residence police found drug paraphernalia such as cut straws and plastic baggies. Also found was a medium size plastic baggie containing loose marijuana taped under a table in the laundry room and an unlicensed firearm and live ammunition.

 

According to police the methamphetamine that was confiscated has a street value of more than $10,000. Sentencing for this defendant has been scheduled for September 27, 2014.

 

HIGH COURT DENIES PLEA AGREEMENT IN ASSAULT CASE

 

Chief Justice Michael Kruse denied the plea deal offered to Aukusitino Falani, 54, who initially asked the High Court for a jury trial date. The defendant vehemently denies the criminal count filed by the government against him of second-degree assault. During the plea agreement the defendant was to plead guilty to third-degree assault, which was what he signed for, and what was read in open court.

 

Third-degree assault is a misdemeanor amended from the felony count of second-degree assault. However when the court asked him for his guilty plea, the defendant pointed out that the complaining witness punched him first. Kruse then denied the plea deal and set this matter for a jury trail.

 

According to the government’s case, on Feb. 21, 2014 the police received a call from the hospital regarding an assault matter that had occurred at the ASTCA office in Tafuna.

 

Samoa News notes the defendant and the complaining witness in this case are both ASTCA employees. Court filings say that police upon arriving at the hospital met with the complaining witness and the physician.

 

According to the doctor’s assessment of the injuries, the victim sustained a laceration on the bridge of his nose and a laceration on his left cheek.   The wound on the victim’s nose required three stitches. The complaining witness told police that he and the defendant had a dispute over family land, and on the day of the incident, on his way to work, their vehicles passed each other and he heard the defendant swearing at him. Court filings say the victim then approached the defendant at the office, asking why he had sworn at him.

 

The victim claims that the defendant got out of the vehicle with a cement glue gun in his hand and grabbed the victim by the neck. The victim said he tried to grab the defendant but he got punched on the face with the cement glue gun.  The victim said his vision was blurred, and he then threw punches to defend himself.  

 

A witness told police he saw the two men talking, then he saw the defendant punch the victim in this face.  Police also interviewed the defendant, who claimed that when their vehicles passed each other (he) Falani did swear at the victim, but he was just joking, say court records. Falani further told police that the complaining witness approached him and grabbed him by the neck and that’s when he punched him with the cement glue gun.

 

According to court filings when the police asked the defendant how many times he punched the victim the defendant stated that he didn’t remember, but probably four times.

 

Following the interview with the defendant, he was booked and released. The government claims that was because the defendant’s family consisting of several men indicated they would retaliate against the victim if their father (Falani) was arrested.

 

The police further stated that Falani and the victim live in the same village and their homes are located in the same area. The defendant’s attorney, Assistant Public Defender Mike White told Samoa News that his client is innocent, and that he was defending himself. He further stated that Falani vehemently denies the allegations.

 

SAUOLEOLA ESENE PLACED ON PROBATION

 

Sauoleola Esene, accused of striking another man with a machete, pled guilty to third degree assault and public peace disturbance.  He was sentenced to two months probation. The misdemeanor assault was amended from the felony assault of second degree. 

 

During sentencing, the defendant apologized for his actions and asked the court for a second chance to straighten out his life.

 

Chief Justice Michael Kruse sentenced the defendant to two years probation on the condition that he remain a law-abiding citizen. Esene was ordered to leave the territory and remain outside for two years however Kruse stayed that condition for the defendant’s good behavior. 

 

According to court filings, the incident occurred on Feb. 4, 2014 in Mesepa. Police responded to a call where they met with a witness who informed the police the defendant Esene had approached the victim, who was cleaning.

 

It’s alleged Esene punched the victim and then allegedly struck him with the machete, which landed on the victim’s ear.

 

Police saw the victim with a laceration on his ear. Court filings say the police spoke to the defendant who stated he was angry with the victim because of a previous altercation where the victim had punched him.

 

Esene further told police that he and the victim had made up on the day of the first incident. However, Esene said when he saw the victim, he got angry again and he walked towards the victim and punched him on the face several times before a bystander stopped him.