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Two year old allegation of domestic violence makes it to court

A man accused of beating his wife with an electric fan stand two years ago was arrested last week for the said incident.

Samoa News has chosen not to name the defendant to protect the identity of the victim in this matter.

The defendant made his initial appearance in the District Court last week Friday, before District Court Judge John Ward.

The defendant is charged with one count of second degree assault in connection with  domestic violence, which is a class D felony punishable by up to five years in jail, a fine of up to $5,000 and not less than $150, or both fine and jail term. 

The defendant who has been in custody since last week Thursday is held on a $10,000 bail. According to the government’s case, on May 17, 2010 a woman walked into the Central Police Station to report an assault case that occurred two days before.

The woman told police she was assaulted by her husband at their home in Fagaitua. The woman told police, on Saturday night May 15, 2010 she came home from a party and her husband was frustrated which caused a verbal argument between them that resulted in her husband chasing her all the way down to the sea side.

The victim said they went inside the house and her husband then beat her with an electric fan stand, striking her on the body (shoulder, arms and legs).

The victim said she managed to escape by jumping from the window and that’s when her aunt came to her aid.

The aunt told police, she was awoken by her niece calling her name and when she came in front of her house she found the victim on the ground with no clothes on while her husband was standing on top of her.

The aunt told police she told the defendant to stop, while her niece was calling her name and saying, “please I want to live”. The aunt said she grabbed the defendant’s hand and took him away when the victim got up and told her aunt that she had been beaten by her husband the entire night.

The 18-inch oscillating electric fan that was used by the defendant had been seized as evidence and was taken to the police evidence room.

According to court filings, the defendant came to the Criminal Investigation Division (CID) office for questioning. It's alleged that the defendant made a spontaneous remark admitting that he assaulted his wife, but he refused to make a statement.

The defendant is scheduled to make his appearance in court today to decide if he will exercise his right to a preliminary examination hearing where Judge John Ward will decide if the government has sufficient evidence to have this matter bound over to High Court.

The defendant is represented by Assistant Public Defender Karen Shelley while prosecuting is Assistant Attorney General Kimberly Hyde.