Motion to revoke bail for a man facing drugs and weapons charges is taken under advisement
Pago Pago, AMERICAN SAMOA — The High Court is taking under advisement a motion from the government to revoke bail for William Faapaia.
The government claims that Faapaia violated conditions of his release from a previous case that was filed last year.
According Prosecutor Laura Garvey, one of the conditions of release for Faapaia when he was released on bond last year, was that he remain law abiding.
However, on May 15th, Garvey said the defendant was re-arrested and charged in District Court with two misdemeanors: public peace disturbance and third degree assault.
She has asked the court to revoke and forfeit Faapaia’s bond.
Assistant Public Defender Ryan Anderson opposed the motion, saying the allegation against his client is based on evidence that was on a piece of paper, and not solid evidence such as someone who can be sworn-in to tell the court what happened.
Anderson argues that there is not sufficient evidence from the government to prove its motion, and for that reason, it must be denied.
Associate Justice Fiti Sunia told Anderson that it seems like he’s telling the court to go and do research, and the court is unhappy with his response.
Anderson said that’s not what he’s doing; he’s asking the court to deny the government’s motion. Garvey fired back and said the government has a copy of the new complaint against the defendant, which can support their motion.
Sunia told Anderson the court would review if the defendant is a danger to society and if that is the case, the court will consider that as an element in revoking bond.
Faapaia is facing charges of unlawful possession of illegal drugs and firearms. He was released on a $35,000 surety bond in October of last year under several conditions, which include him being law abiding.
However, in June of this year, Faapaia was re-arrested on the allegation that he assaulted a man in Tafuna.