Pago Pago, AMERICAN SAMOA — "While the information contained in the pre sentence report is substantial, at the end of the day, the offense is still a class C misdemeanor." These were the words of District Court Judge Fiti Sunia when he handed down the sentence last Friday morning for Fiu John Saelua, the Governor's Chief of Staff.

Last month, Fiu pled 'no contest' to third degree assault, a class C misdemeanor punishable by 15 days imprisonment and a fine of $300.

Fiu was represented by private attorney Marcellus T. Uiagalelei, while prosecuting the case was private attorney David Vargas, who was appointed by the court as Independent Prosecutor (IP).

During Friday's hearing, Vargas made it known that Fiu has a prior conviction for public peace disturbance, for a 2008 case. Uiagalelei acknowledged this and said Fiu had confirmed it with him.

When it was his turn to address the court, Uiagalelei said his client chooses not to make a statement. The defense counsel then referred to Fiu's "life of service", saying his client is a man who has many years of service to his family, village, church, and the American Samoa Government.

He said Fiu is remorseful and he cooperated with the government during the course of the investigation.

IP Vargas recommended a probated sentence.

A brief recess was taken, as Judge Sunia was trying to get more information on the 2008 PPD conviction that Vargas mentioned during his opening statement.

When court re-convened, Judge Sunia came ready with a sentence. But before he handed it down, he spoke about Fiu's 'substantial' pre sentence report.

"He has vast experience in all facets of life in the territory. There is absolutely no question of the contributions this individual has made to the village, the church, and his family," Judge Sunia said of Fiu.

He added that Fiu is a 'stark contrast' from the individuals who appear in his courtroom to answer to similar offenses.

"But with all that being said, at the end of the day, it's still the same offense, the same sentence," Judge Sunia emphasized. "My point is, the pre sentence report is quite impressive and carries 'some weight', but this is the same offense as if a teacher, bus driver, or unemployed person came to court for."

Judge Sunia explained that the case really "started from something else" and ended up being "what it is now."

The focus is not on "what it was", but "what it is".

He continued that although the court may show preference to cooperation, and the information contained in the pre sentence report — in the end, he repeated, it's still a class C misdemeanor.

"How it started — and why — is not relevant, as far as the court is concerned," he continued.

He then sentenced Fiu to 6 months probation. He also has to pay a $100 fine.

Judge Sunia said the sentence Fiu received is "no different" than the ones handed down for defendants in similar cases. He referred to the case of a bus driver that had "similar circumstances" and said if the two were to be treated differently, it would elevate the standard for Fiu and that just wouldn't be right.

BACKGROUND

The allegations of sexual misconduct against Fiu first came to light back in 2016 when a case was filed against him by one of his family members, a woman who had been living with his family since birth.

The woman and her husband were said to have been rounded up by Immigration agents in an apparent attempt to put them on the Lady Naomi back to Samoa. Nobody knows who signed the order to forcibly deport the couple, and why that person wanted them deported.

The Department of Public Safety (DPS) investigated the matter for several months and at times, it appeared that it was going nowhere. Then last year, the High Court appointed Vargas as IP.

Two months ago, Samoa News interviewed the alleged victim, a 33-year-old mother of two, who said the alleged verbal sexual abuse by Fiu, whom she considered her “father”, started in mid 2014 inside his home, and it continued for two years.

According to her, she was never contacted about the case — that's why she didn't testify — and she didn't know it was before the court until she read it in the Samoa News.