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Indonesian men released from jail; stop order lifted

The four Indonesian men who had claimed they were victims of Human Trafficking and filed a petition with the Trial Division of the High Court last month, have since left the island, leaving their attorney Mark Ude disappointed. Ude claims that he was left in the dark and was unaware when and how his clients left the island as the Attorney General’s office did not consult with him.

 

The four Indonesians in question were Muhammad Iqbal Heralti, Hermanto (no last name), Ade Rasta and Anton Sunato, who last month asked the High Court to compel Attorney General Talauega Eleasalo Ale and Deputy AG Mitzie Jessop, who acted on behalf of the American Samoa Government, to explain why the men were arrested without cause.

 

In the petition they asked the court for a writ of mandatory relief to be granted, and an alternative writ be signed and given to the AG to appear and explain to the satisfaction of the court and interested parties the circumstances that allowed them to remain detained.

 

The court in turn signed a writ ordering the four men to be released from custody and returned to their former status.

 

Earlier this month, Ude had written to Deputy AG Jessop seeking clarification on the status of the stop orders that were issued on Aug. 7, 2014 and served on Aug. 12, 2104. Ude noted in the letter that he had spoken to Assistant AG Vincent Kruse, who mentioned that the four men had left island.

 

“This came as a surprise to me as I had received no word that the stop orders had been lifted,” said Ude, who also pointed out to the Deputy AG that he had requested a meeting with the Immigration Board Chairman in accordance with the local statute for when stop orders are issued — “but now, without notice my clients were removed from the territory.”

 

Samoa News sent queries to the Deputy AG on this matter, however as of press time, there was no response. In the meantime, the High Court ordered the government to pay attorney fees and costs for cause shown and the requested amount was $2,190.

 

Samoa News understands the AG’s office will be appealing this order as there was no hearing held on this matter.