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Court Report

Translated by Samoa News staff

CINDY MAILO

A woman accused by the government of helping a man escape from the territory while the man’s case was being investigated by police has been sentenced by the High Court to two years probation after a guilty plea of providing false information to authorities.

Cindy Mailo was charged in July last year with flight to avoid prosecution and hindering prosecution. She was accused of aiding and agreeing to aid or attempt to aid Johnny Ah Mu in planning, committing or attempting to knowingly leave the jurisdiction of the government to avoid prosecution. 

According to court filings, Mailo filled out an immigration departure form at the Tafuna airport for Ah Mu and had it pre screened for departure in December 2014 on a Hawaiian Airlines flight, although Ah Mu’s name was on a stop order prohibiting him from leaving the territory while an investigation was ongoing for allegedly stealing money from Polynesian Airlines in the summer of 2014 while employed locally for the Samoa government’s airline. The US Transportation Security Administration based at the Tafuna airport employed Mailo at the time of the crime.

Among the conditions of probation handed down by the court last Thursday is that Mailo pay a $500 fine, to be a law abiding citizen and is prohibited from entering the departure lounge at the Pago Pago International Airport unless she is a passenger leaving.

During sentencing Mailo apologized for her crime and sought leniency so she can continue to care for her family. An official of the church which Mailo attends provided character witness testimony.

The government supported defense attorney, Sharron Rancourt’s argument for a probative sentence. Mailo served five days pre trial confinement and the court agreed that this is sufficient jail term for the defendant.

According to court documents, Mailo had dated Ah Mu and has a child from him.

MATTHEW BARJA

A 19-year old male accused by the government, along with two juveniles, of breaking into one of the school buildings at Tafuna High School late last year and again early this year is prepared to plead guilty to stealing.

Matthew Barja is charged with seven felony counts including burglary and stealing. Under a plea agreement with the government, which is now taken under advisement by the High Court, the defendant pled guilty to one count of stealing, with the rest of the charges to be dismissed.

According to the plea agreement read in court last Thursday, the defendant admitted that between Nov. 30 and Dec. 8 last year, as well as Jan. 1st and 2nd this year, he and two juveniles broke into one of the buildings at Tafuna High School and stole among other things, a bag that contained iPads totaling 45, as well as a laptop that was inside the JROTC office.

Barja also admitted that he took one of the iPads, which is valued at more than $100.

One of the issues the court sought to get further clarification on is the cost of each iPad in order to fashion a sentence accordingly. Assistant attorney general Bob Pickett told the court that it’s unclear to the government on the actual cost of each iPad but its clear under the law the punishment for the crime in which the defendant pled guilty to is that the fine could be as high as $20,000.

The court’s concern, as shared with both sides, is a sentence being appealed by the defense. Therefore Chief Justice Michael Kruse announced the plea agreement is taken under advisement and reviewed by the court, and both sides are to advise the court on the cost of each iPad.

The defendant remains in custody with his next court hearing set for Nov. 25th and both sides are hoping the court is ready to hand down sentencing by this time.

TINI MALEU

The District Court has advised defendant Tini Maleu that he has a choice, either comply with probation conditions set by the court or be sent to the Territorial Correctional Facility for failure to comply with probation.

Early this year, Maleu was convicted of third degree assault as a result of an incident where he assaulted another man who he was drinking beer with. He was then sentenced to 12 months probation, under several conditions he must abide with; among which are prohibition from consuming alcohol and to be a law abiding citizen, but last month he was charged with misdemeanor public peace disturbance after he was accused of causing trouble with a neighbor while intoxicated.

At a hearing last week on the new charge of third degree assault, Maleu apologized to the court but District Court Judge Fiti A. Sunia sentenced the defendant to 24 months probation and the 28-days of pre trial confinement is counted towards any jail term.

However, Sunia warned the defendant that any further violation of the probation period will result in the defendant being sent to jail to serve 38 days. The defendant was also ordered to pay a $100 fine and the court stressed various conditions of probation including attending and completing anger management, as well as alcohol counseling classes.

(Original Samoan stories published Samoa News online over the weekend.)