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Court Report

Translated by Samoa News staff

ANTHONY SIOKA

The High Court has given a young man 180 days to think about his behavior of not complying with a condition of his probation before a decision is made as to whether or not to revoke probation and send the defendant to jail.

“If you continue to disobey court orders, the only decision the court will render is to send you to jail for a long time,” Chief Justice Michael Kruse told defendant Anthony Sioka, during the defendant’s probation status hearing last Friday. Kruse also told the defendant the chance given to him — through probation — should be a lesson to improve his life.

Sioka was convicted in 2013 for having sexual contact with a minor and was placed on seven years probation, with several conditions attached. Among the conditions, the defendant serves a certain period of time in jail (which is already completed), must be a law-abiding citizen, and is barred from consuming alcohol.

However, in June this year, Sioka was charged and convicted in District Court with misdemeanor public peace disturbance as a result of a fight with another man. Thereafter the Probation Office filed a motion in court to revoke the probation for the defendant.

At last Friday’s probation status hearing, the High Court was to hand down a decision on the Probation Office’s motion, after it confirmed the defendant violated conditions of his probation.

Sioka’s attorney, assistant public defender Karen Shelly argued during the hearing for the court to give the defendant another chance to get his life together, to which Kruse directed Shelly to call Sioka to take the witness stand so he could be questioned over several issues that needed clarification.

During the time he was on probation, Sioka attended and completed alcohol counseling, which is among the conditions of his probation. Kruse asked the defendant to explain the lessons he learned from attending counseling service to which Sioka responded that the most important lesson he learned is “it’s bad if you violate the law.”

If this is the lesson learned by the defendant, Kruse asked why he violated the law after his District Court conviction. There was a long pause with Sioka not responding, resulting in Kruse telling the defendant that if he is not going to answer the question, the court marshal is present and will be directed to take him to jail.

Sioka then responded that another important lesson learned from alcoholic counseling session is saving money to help his mother pay the rent. Kruse chuckled a little and told the defendant, “How can you help your mother pay the rent if you are locked up in jail, eating saimin?”

The court took a brief recess to consider the merits in the case; and, when the judges returned to the bench, Kruse said the matter will remain pending at this point and gave the defendant 180 days to go home and think about his life and take into consideration that he will serve 7 years for failing to comply with all conditions of his probation.

Sioka, who again was warned by the court to comply with all conditions of his probation, is now scheduled to return for another probation status hearing on Apr. 14, 2017.

ABRAHAM MCMOORE

The government’s case against a man accused of pointing a gun at another man has been bound over to the High Court after the defendant last week Friday waived his rights to a preliminary examination hearing in the District Court.

Abraham McMoore, who is out on bail, was yesterday arraigned in High Court where he entered a not guilty plea through his attorney. McMoore is facing one felony count of illegal use of a weapon, and four misdemeanor counts of public peace disturbance, third degree assault, possession of an unlicensed firearm and use of a firearm.

According to court information, charges against McMoore stem from an Oct 18 incident in Utulei when the victim contacted police for help after the defendant allegedly pointed a gun at the victim during an incident that happened in Utulei, where the victim was asked to move his car by the defendant, after parking it in front of a house where work was being done.

It’s alleged the defendant was intoxicated and pulled out a gun, after the victim told him why he was there, and pointed it at the victim in a threatening manner. The victim then backed his car out of the area and called the police.

RAY UPUTAUA

The District Court late last week sentenced Ray Uputaua to 12 months probation after he was convicted of misdemeanor stealing. He was initially charged with two misdemeanor counts of stealing and public peace disturbance, but under a plea agreement with the government and accepted by the court, he pled guilty to stealing while the other charge was dismissed.

Charges against the defendant stem from an incident in September this year, where he stole canned food from a store in Tafuna and the store clerk didn’t know it had happened until the store reviewed its surveillance tapes. The tapes were then turned over to police.

When questioned by police, and showed the video footage, the defendant admitted he stole $20 worth of canned food, because he and his friends, who were drinking beer, didn’t have any food to eat. Additionally, there was no more food available at his home.

In handing down the probation sentence the court emphasized to the defendant the many conditions he must abide with including being barred from consuming alcohol, be a law abiding citizen and attend and complete alcohol counseling sessions.

(Original Samoan stories published in Lali section of yesterday’s Samoa News edition and online over the weekend.)