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Senators express public distrust of cops during

Due to the fact that the night commander of the Territorial Correctional Facility changed his story, the government had no choice but to seek dismissal of criminal charges against police officer Fatu Enari, who was initially accusing of taking three TCF inmates early this month to Alofau without permission, according to Save Liuato Tuitele, the acting police commissioner.

 

Save’s statement came during more than two-hours of the Senate's Public Safety/Homeland Security Committee hearing yesterday on the status of the Public Safety investigation into two separate shootings late last year, the first targeting the Leone Police Substation and the second involving a police vehicle, with three officers inside — with one of them sustaining serious injuries.

 

During the hearing, several senators stated publicly that they, along with many in the community, no longer have any trust when it comes to police officers, who took an oath to uphold the law and protect the community. Additionally, senators feel that police officers are not being honest in carrying out their sworn duties.

 

For example, said Sen. Uti Petelo, a police officer from TCF took three inmates to Alofau village and now the news media reports that the case has been dismissed against the TCF officer. “Why did the court dismiss this case?” Uti asked.

 

Save, who has been acting police commissioner for two weeks, first pointed out that based on senators’ statements during the hearing, the community — including the senators — are not happy or pleased with the performance of police officers. 

 

Therefore, he first offered apologies to the Senate and the people of American Samoa.  He acknowledged the concerns voiced by senators that there are officers who are not honest in carrying out their duties, and he said that this is an important matter that DPS is working toward addressing.

 

Regarding the TCF officer’s case, Save explained that the TCF night commander on duty the night the inmates were taken to Alofau was not truthful when he gave information to investigators.

 

Save said the night commander initially stated that he didn’t give permission to the TCF officer to take the three inmates to Alofau but later changed his story, saying that he had given permission. (Save didn’t identify the night commander by name, but court documents says it's Lt. Fasi Taase.)

 

“This is the reason the charges were dismissed against the TCF officer,” Save explained and informed senators that DPS is currently probing the matter with the night commander.

 

However, Uti pointed out that “police investigating the police” presents a "conflict of interest" issue and suggested that such an investigation or probe be turned over to an independent party to carry it out. “This will give the public confidence” in the outcome of the investigation, he noted.

 

Senate President Gaoteote Tofau Palaie informed Save that inmates are to be jailed, and are not allowed outside of the TCF to carry out other duties, unless it is work release authorized by the court.

 

Gaoteote also said that he believes there is a “weakness” in police reports that result in cases being dismissed or not prosecuted at all.

 

“For example, the [police] report in the TCF officer’s case was weak and therefore it was dismissed by the court,” he said and urged Save to ensure that police reports are sufficient, accurate and provide strong evidence.

 

During a District Court hearing on Tuesday this week, Assistant Attorney General Jessica Bargmann asked the court to dismiss the criminal charges against the TCF officer Fatu Enari, because the government needed to conduct further investigation into the matter.

 

She noted that there was “additional information that has an effect on the criminal charges.” The case was then dismissed without prejudice, meaning the case may be refiled at a later date. (See yesterday’s Samoa News edition for more details on this case.)