(This article has been corrected to show that the court issued a subpoena not a bench warrant. )

Pago Pago, AMERICAN SAMOA — Associate Justice Fiti Sunia has issued a subpoena for Attorney General, Falefatu Ala’ilima-Utu to appear in court this morning to answer to the court’s question regarding the immigration status of two inmates who appeared yesterday morning for sentencing.

The court was not satisfied with the answers from either defendant or the immigration officer re travel documents, causing Sunia to immediately issue a subpoena and order the court marshal to serve the AG.

Sunia also ordered Assistant Public Defender Ryan Anderson to inform his boss, Public Defender Michael White to be in court this morning. Moreover, the judge also instructed the immigration officer to be back in court this morning for the same matter.

The two inmates, Sauipuapuaga Lemusu and Falaniko Faapu’e appeared in court yesterday morning for sentencing. They are represented by Anderson while prosecuting the case is Assistant Attorney General Kristine Soule’.

When Lemusu’s case was called, Soule’ informed the court that they’re still trying to locate the travel document for the defendant in order for him to depart. Lemusu’s sentencing had been continued from three weeks ago to yesterday morning, to give more time to both parties to sort out issues pertaining to the defendant’s departure plan.

As of this month, Lemusu has been in custody since his arrest last year in September.

Before the court continued Lemusu’s case to Jan. 19, 2022, Sunia asked the immigration officer, Jason Laumoli, whether the ASG immigration office has been in touch with the Samoa immigration office to sort out issues for travel documents for Samoa citizens with convictions here in the territory.

Laumoli said no. He said the local immigration office only communicates with the Samoa Consulate Office in Fagatogo. He further stated to the court that the Samoa Consulate Office has their own procedures when dealing with travel documents of their citizens who have been in the territory for many years and are subject to deportation by the court after convictions.

Lemusu’s case was then continued to next month.

When Faapu’e’s case was called, the court wanted to know whether the defendant has obtained his valid immigration ID. His defense attorney said no, however, he pointed out to the court that the immigration granted the defendant’s application to renew his immigration status and take his photo ID.

Sunia asked Anderson whether Faapu’e had paid his Immigration Office fine and Anderson replied, no, however, his client has worked out a payment plan to take care of his late fee.

Anderson told the court that the immigration officer has the document confirming that they had granted the defendant’s application to renew his immigration status, despite the fact his status expired in 2019.

When asked by the court to confirm Anderson’s statement, immigration officer Laumoli confirmed it. He pulled out a document from his folder and showed it to the court, saying that this was the document to prove Faapu’e’s application to renew his immigration status has been granted by the court.

A recess was called because Sunia wanted to see the document.

When the court reconvened, Sunia’s first reaction to the document prepared by immigration was, “This morning! This morning?”

“This was issued this morning?” Sunia asked while holding the document.

Laumoli replied, “Yes your honor.”

Sunia immediately continued Faapu’e’s sentencing to this morning and issued a subpoena for the AG to appear in court. He also wants Public Defender Michael White, along with Laumoli to be in court this morning.

The court stated that Immigration assumed the court would release the defendant during sentencing.

Faapu’e’s sentencing was continued from Dec. 2, 2021 until this morning under the understanding of the court that the two-week period would allow the defendant to have his immigration photo ID taken before his next court appearance, which was yesterday.

Sunia told both parties that the court would like to see the defendant’s immigration photo ID before sentencing. Faapu’e holds a P1 immigration status.

“CORRECTION”

Dear Samoa News Editor,

Your original article today Wednesday 12/22/21 incorrectly stated that a bench warrant was issued against me yesterday 12/21/22 on two cases for criminal defendants awaiting sentencing because of immigration issues. The truth is subpoenas, not bench warrants, were issued to me and the Public Defender.  A bench warrant is issued against a person violating court rules but I was never issued a bench warrant as falsely reported by your newspaper.  Samoa News should publicly retract its libelous statement. 

The Court’s concerns are well taken. The Department of Legal Affairs will continue to work with the Samoa Government to return to Samoa any Samoa citizen TCF inmate that is sentenced by the Court to depart AS, as we have done to at least 26 other Samoa citizen TCF inmates and immigration law violators in 2021 despite the covid 19 travel restrictions. 

Sincerely,

Fainu’ulelei Ala’ilima-Utu

Attorney General

Editor’s Note: Samoa News offers its sincere apologies to Attorney General Fainu’ulelei Ala’ilima-Utu and our readers for our inadvertent error. Ra

BACKGROUND ON THE FALANIKO FAAPU'E CASE

Faapu’e, who has been in custody unable to post his $25,000 surety bond is being charged with five counts, including felonious restraint; unlawful use of a weapon, and unlawful possession of a controlled substance (methamphetamine), all class D felonies, punishable by up to 5 years imprisonment, a $5,000 fine or both; along with third degree assault and endangering the welfare of a child, both class A misdemeanors, punishable by up to one year imprisonment, a $1,000 fine or both.

The government claims that on Aug. 26, 2019 around 1:30p.m, several police officers responded to a domestic call that was reported by a woman, who was later identified as the victim in this case.

The victim told police that on Sunday, Aug. 25, just after midnight, she received a phone message and shortly after, her room door was kicked open by her children’s father, the defendant in this matter. The children were in the room sleeping, and awoke when they heard the loud noise.

According to the affidavit, the victim said Faapu’e pointed a gun at her head and waved it around with threats, in front of her children. He refused to let them leave the room or call anyone until that morning at around 6:20a.m when she was able to leave for work and drop her daughter off at her dad’s place.

The victim’s son stayed back with Faapu’e because he told her to leave their son with him.

While driving off to work, the victim heard Faapu’e say, “Don’t go down this road because I will come to your work place and you wouldn’t like it.”

The victim told police that she was afraid for her life and her children’s safety. She said she reported it to the law so that Faapu’e could be removed from her house and she had been asking him to move out since mid July 2019.

Several police officers proceeded to the victim’s home in an effort to apprehend Faapu’e, but couldn’t locate him. Police were told that Faapu’e works at a store in the Tafuna area.

Police proceeded to Faapu’e’s place of work where they located him and immediately apprehended him. They searched him before placing him in the police unit, and discovered a small baggie containing white crystalline substance that appeared to be meth.

Faapu’e was taken to the Tafuna Police Substation for questioning and the small baggie containing the white substance was tested by DPS Major Lima Togia, which yielded positive for meth.

When asked about the meth found in his possession, Faapu’e told police he bought the small baggie from a taxi driver who dropped him off to work. He refused to describe the taxi driver or give his name to police.

Furthermore, Faapu’e told police that the reason why he uses drugs is to calm him down while he’s dealing with some problems within his family. He also stated to police that he had no intention of hurting his family — that he threatened them to get their attention.

With the victim’s permission police searched the victim’s home in an effort to locate the gun. During the search, police located a small hand gun that appeared to be a BB gun (which did not work or function properly). The victim stated to police that it was possibly the gun Faapu’e used during the threats.