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Update: Chief Immigration Officer Peseta Fuimaono charged

American Samoa District Court building
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — Chief Immigration Officer (CIO) Peseta Dennis Fuimaono appeared in District Court last Friday morning, after he was arrested late Thursday afternoon, pursuant to an arrest warrant signed by District Court Pro Temp Gwen Tauiliili Langkilde.

Samoa News understands that the charges against Peseta relate to a case involving the Governor’s Chief of Staff Fiu Johnny Saelua who pled ‘no contest’ to a reduced charge of third degree assault, stemming from allegations of sexual assault, made by a young woman who had lived with Fiu’s family for decades.

Peseta was released a few hours after his arrest, having posted a $15,000 cash bond. He made his initial appearance before Judge Pro Temp Tauiliili-Langkilde last Friday morning.

Peseta is charged with kidnapping, tampering with a witness, and obstruction of justice — all felonies.

It is alleged that as Chief of Immigration, Peseta was behind the attempt to forcibly remove the alleged victim and her husband from the territory, sending them to Samoa on the Lady Naomi. The plan however did not eventuate, due to an alert Immigration agent who was on duty that day, and questioned the absence of written orders for the couple’s removal from the territory.

Independent Prosecutor (IP) David Vargas is prosecuting the case while Assistant Public Defender Bob Stuart appeared on behalf of Peseta during initial appearance. Peseta informed the court that he is seeking private counsel to represent him.

While released on bond, Peseta is ordered to remain law abiding, make all of his court appearances, and stay in close contact with his attorney. He is also to surrender his passport to the government and he is not to make any direct or indirect contact with the government’s witnesses, including those whose names are mentioned in the affidavit.

According to defense attorney Stuart, two of the people whose names are in the affidavit work with Peseta at the Immigration office.

Tauiliili-Langkilde said Peseta can communicate with the two people if it’s something that has to do with work. They are not to discuss anything regarding the case.

Preliminary hearing (PX) is Nov. 14, at 10a.m.

BACKGROUND

Samoa News was able to interview the alleged victim in October of last year, after she agreed to tell her side of the story. This was the same time the government’s case against Fiu was pending in court.

According to the woman, it was a couple of weeks after they moved out of Fiu’s family home that two immigration officers visited their new place and told them they had a letter from their sponsor, seeking to terminate sponsorship.

The two immigration officers further told the couple that they were required to come with them to their main office in Utulei, because their boss wanted to discuss something between them and their sponsor.

The couple agreed and left with the two immigration officers, leaving their two young children with the family they were staying with.

“While transporting us to the Immigration main office in Utulei, one of the immigration officer’s cell phones kept ringing and during the conversation, I heard the immigration officer while speaking on his phone saying, ‘Chief, we’re on our way to the main office’.”

However, instead of meeting with Immigration and/or their sponsor at the Immigration main office, the victim told Samoa News, the two immigration officers told her and her husband that there had been a change of plans — they were to meet their boss and their sponsor at the wharf in Fagatogo instead.

The victim said that’s when she and her husband realized that they were going to be deported.

“Once I realized that we were going to be deported to Samoa, my first concern was my children, who were with a family in Leone. I was worried that if we were deported, I would not  see my children again,” the victim said during a one-on-one interview with Samoa News in October 2018.

Two immigration officers were processing passengers that day at the wharf. Upon learning that there were no official documents ordering the couple to be deported to Samoa, the Immigration officers contacted victims advocate Mrs. Ipu Lefiti, and the couple’s forced departure was prevented.