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Court Report

[SN file photo]
reporters@samoanews.com

TITIFALAULA SIAUMAU

An employee of the Customs Office accused of importing marijuana, with a street value of $20,000, was arraigned last Friday in High Court after his case was bound over from District Court on Wednesday.

Titifalaula Siaumau, who is out on bail, is faced with one count each of import of a controlled substance — marijuana and conspiracy to distribute controlled substance, marijuana.

During his arraignment hearing, the defendant, through his attorney Sharron Rancourt, entered a not guilty plea and the court has since scheduled a pre trial conference hearing for July 14th this year and trial is set for Oct. 1, 2018. (Since late last year, it has been the new practice with the court to schedule a trial in advance on the calendar and cancel it later if both sides reach a plea.)

Rancourt requested the court for an order directing the government to provide as early as possible all discoveries in this case so the defense can start reviewing all evidence. The defense is concerned with the government waiting until the last minute to submit discovery, including the police report.

Chief Justice Michael Kruse sought a response from the government regarding Rancourt’s request and concern, to which assistant attorney general Gerald Murphy said he will do his best to get the police report and other discovery to the defense as early as possible.

However, Kruse responded that the prosecutor doing his best is not good enough. The CJ said it’s important that police provide their report as soon as possible and give it to the defense. He also told the prosecutor to remind police that there will be a time when the court no longer has patience in waiting for police reports.

(There have been several past criminal cases where defense complained to the court about still waiting for a police report and/ or all discoveries in a case.)

The felony charges against Siaumau stem from an incident on the evening of Mar. 27th this year, when a package arrived unaccompanied on the Hawaiian Airlines flight and the package contained a speaker, which allegedly had about 5 pounds of marijuana hidden inside it, with the government claiming a street value of $20,000.

The package was not addressed to Siaumau, who had allegedly sought out the help of CSL Cargo employee Felix Penerosa, whose name was on the package. Penerosa alleges that he used his name after agreeing to a request by the defendant. (See Samoa News edition May 12th for details).

MALIEO MAUI

The High Court last Friday sentenced 24-year-old Malieo Maui to 12 months in the Territorial Correctional Facility after amending his convicting in 2013.

During the probation hearing, the defendant apologized to the court before sentencing was handed down. Maui sought leniency that would allow him to remain out of jail to find a job to care for his family. He also asked the court for forgiveness.

Acting Associate Justice Elvis P. Patea read in court the defendant’s record. For example, in 2013, the defendant was convicted in High Court for second-degree burglary and was sentenced to 5 years probation under several conditions, which includes that he serves 20 months imprisonment.

However, the court waived 12 months and the defendant served 8 months behind bars, giving the defendant a chance for release from jail early. He was also warned that any violation of his probation would send him back to jail.

However, in 2015 during the probation period after serving the 8-month jail term, one of the defendant’s random drug tests came back positive for marijuana. And this is a clear violation of the many provisions of the defendant’s 5-year probation, according to the court.

Early this year, the defendant was charged in District Court with misdemeanor public peace disturbance and the crime prompted the Probation Office to file a motion seeking to revoke probation after the defendant was later convicted by the District Court on the PPD charge.

At last Friday’s hearing, Maui’s attorney, assistant public defender Michael White argued that his client had complied with many provisions of his probation except for provision which called that he does not commit any crime.

However, Patea said the court does not understand as to why it’s difficult for the defendant to comply with “not to commit any crime” during probation period.

White and assistant attorney general Gerald Murphy were in agreement in seeking a probative sentence, which would allow the defendant out of jail to find a job to care for himself and his family.

In the end the court decided not to hand down a sentence on the defendant’s probation violation but instead amended Maui’s 2013 sentence in which he serves out the remaining 12 months in jail that was waived at the time.

During the hearing, Patea was assisted on the bench by Chief Associate Judge Mamea Jr. Jr. and Associate Judge Muasau T. Tofili.