VILIAMI LOLOHEA JAILED FOR FIVE YEARS FOR RAPE 

A man in his 30s who abducted a girl, taking her into nearby bushes and raping her, has been sentenced to serve five years in jail, which is part of his 10-year probated sentence. Viliami Lolohea was charged with five criminal counts, including rape and sexual abuse which are both felonies. However in a plea agreement with the government, Lolohea pled guilty to rape, and upon his guilty plea, the government moved to dismiss the remaining four counts.

Lolohea in this matter is represented by Assistant Public Defender Mike White while prosecuting is Assistant Attorney General Tiffany Oldfield. The defense asked the court for leniency in this matter and to place the defendant on probation, however the government asked the court to sentence the defendant to 15 years in jail.

Associate Justice Lyle L Richmond sentenced the defendant to 15 years in jail, however the execution of the sentence was suspended and the defendant placed on ten years probation, serving five years in jail. Richmond ordered the defendant to depart the territory after serving 60 months, and then remain outside of the territory for the duration of his probation term.

During sentencing the defendant apologized for his actions and asked the court for leniency. He also apologized to the victim in this case.

According to the government’s case, the victim told police she was out walking when the defendant grabbed her and forced her against her will into the bushes, where he raped her.

The victim alleges that she fought back, but was unsuccessful given that the defendant was stronger. The victim further stated the defendant covered her mouth with his hand, preventing her from screaming out for help.

Social Services was contacted about this matter and they took the girl to the LBJ hospital for a checkup. After her checkup, the victim was then taken to a shelter.

According to the government, the investigating officer, Apelahame Kava along with his Commanding Officer, Sergeant Abel Penetusi went back to search for the defendant, and they found him at his residence, where he was apprehended. Court filings say the defendant, who appeared to be intoxicated, declined to make a statement to the police.

ASG DISMISSES CASE AGAINST MENTALLY CHALLENGED MAN

The Attorney General’s office has opted not to pursue their case against Alesana Utuone, a 30 year old man who was facing first degree assault charges in connection with an incident involving a machete.

Utuone’s case was before the High Court yesterday for his pre-trial conference, however the government asked for the court to dismiss this case.

According to his attorney Mike White, Utuone was found not competent to stand trial following his mental evaluation. The court had set bail for the defendant at $50,000, however he has since been released from jail.

According to the government’s case, the victim was getting off an aiga bus when he was allegedly struck on the neck with a machete by the defendant.

The defendant admitted to the police that he had struck the victim. “He told me that he planned to fa’auma (finish off) the victim,” stated the investigator in court filings. The victim, who was admitted to the ICU at the time of the incident suffered a 15 centimeter laceration with a five to six centimeter cut on the right side of his head below his right ear.

MAN VEHEMENTLY DENIES ASSAULT CHARGES

Aukusitino Falani 54,has asked the High Court for a jury trail date, as he vehemently denies the criminal count filed by the government against him of second degree assault. The defendant was before the High Court yesterday for his pre-trial conference when he made the request, and the court has scheduled the jury trial for next year August.

According to the government’s case, on Feb. 21, 2014 the police received a call from the hospital regarding an assault matter that occurred at the ASTCA office in Tafuna. Samoa News notes the defendant and the complaining witness in this case are both ASTCA employees.

Court filings say that police upon arriving at the hospital met with the complaining witness and the physician. According to the doctor’s assessment of the injuries, the victim sustained a laceration on the bridge of his nose and a laceration on his left cheek.

The wound on the victim’s nose required three stitches. The complaining witness told police that he and the defendant had a dispute over family land, and on the day of the incident, on his way to work, their vehicles passed each other and he heard the defendant swearing at him. Court filings say the victim then approached the defendant at the office, asking why he had sworn at him.

The victim claims that the defendant got out of the vehicle with a cement glue gun in his hand and grabbed the victim by the neck. The victim said he tried to grab the defendant but he got punched on the face with the cement glue gun, and the victim said his vision was blurred, and he then threw punches to defend himself.

A witness told police he saw the two men talking, then he saw the defendant punch the victim in this face.

Police also interviewed the defendant, who claimed that when their vehicles passed each other (he) Falani did swear at the victim, but he was just joking, say court records. Falani further told police that the complaining witness approached him and grabbed him by the neck and that’s when he punched him with the cement glue gun.

According to court filings when the police asked the defendant how many times he punched the victim the defendant stated that he didn’t remember, but probably four times.

Following the interview with the defendant, he was booked and released for safety reasons. The government claims that was because the defendant’s family consisted of several men who would retaliate towards the victim if their father (Falani) was arrested.

The police further stated that Falani and the victim live in the same village and their homes are located in the same area.

The defendant’s attorney, Assistant Public Defender Mike White told Samoa News that his client is innocent, and he was defending himself. He further stated that Falani vehemently denies the allegations.