Pago Pago, AMERICAN SAMOA — A man described by the court as abusive and a danger to a female he was in a relationship with for many months has been ordered to depart the territory upon serving 28 months at the Territorial Correctional Facility (TCF).

Vataumalo Tuli Togise, who appeared in High Court yesterday for sentencing, has been in custody since his arrest last year, unable to post a $20,000 surety bond.

He was initially charged with false imprisonment; second degree assault; and felonious restrain, all felonies. But under a plea agreement with the government, Togise pled guilty to felonious restrain, a class C felony, punishable by imprisonment of up to 7 years, a fine of up to $5,000 or both. The remaining charges were dismissed.

Togise admits that in October 2018, he assaulted and abused a female with which he had a relationship. He admits that he instructed her not to leave the house, in an effort to prohibit her from reporting the abuse to anybody, including police.

When given the chance to speak, Togise apologized and begged the court for a second chance. He also apologized to the victim and her family.

Togise said he is remorseful, adding that he has suffered while incarcerated and he now realizes that what he did was wrong.

Attorneys from both sides recommended deportation. Defense attorney, Rob McNeill pointed out that according to the Pre Sentence Report (PSR), the victim has already left the territory, awaiting the moment the defendant departs so she can return.

Prosecutor Laura Garvey said Togise committed a serious crime, not only was he abusive, he stopped the victim from sharing horrific details of her life. Associate Justice Fiti Sunia pointed out that Togise was convicted in District Court a few years back, for a misdemeanor involving the same victim.

According to Sunia, Togise was in a relationship with the victim for many months, during which he abused her in many ways. He said the victim’s departure “was a true sign of fear of the defendant.”

He added that many domestic violence cases like this have come before the court but this is the first one where a victim left the island out of fear.

Sunia said the victim’s actions prove that Togise is a dangerous person. With regards to the joint recommendation of deportation from both sides, Sunia said the court doesn’t have that authority — that’s up to the Immigration Board.

“We are persuaded that this defendant needs to depart American Samoa immediately and return to his homeland, so the victim will have the chance to return to her homeland and continue on with her happy life,” Sunia said.

According to the court, their job is to ensure  that this type of abuser no longer roams freely in the territory, so residents — including the victim — can live safer and happier.

Togise was sentenced to 7 years in jail. Execution of the sentence is suspended and he is placed on probation for 7 years subject to several conditions. He has to serve 28 months at the TCF without any release. Upon release from detection, he is to depart the territory and remain outside of its borders for the duration of probation.

Sunia said the court will entertain a motion by the defense for early departure if the defense provides to the court, proof of Togise’s return ticket to Samoa.

The judge reminded Togise that if he returns before the expiration of his probation sentence, he will be ordered to serve out the remainder of his imprisonment term, and upon release from custody, he will have to depart the territory.

“Mr. Togise, you are given an order to depart the territory. If the court had the authority to deport you, we would have done so,” Sunia told the defendant. He then turned to the prosecutor and said, “That authority rests on you counsel Garvey, and the Executive Branch.”

Sunia ordered that a signed copy of the court’s judgement be forwarded to the Immigration Board.