One of the five Nu'uuli team rugby players accused of assaulting a Samoa-based referee was sentenced Tuesday in High Court to time already served at the Territorial Correctional Facility as part his two-year probation and therefore was released from TCF following the hearing.

Selefuti Tago was initially charged with felony first degree assault and misdemeanor public peace disturbance but under the plea agreement last month the defendant pled guilty to an amended third degree assault charge  and the other charge was dismissed.

Third degree assault, a misdemeanor, is punishable by not more than one-year imprisonment, a $1,000 fine or both.

During sentencing, Chief Justice Michael Kruse told the defendant that his action in July, when his hand was put out in a "stopping" manner towards the referee resulted in other Nu'uuli rugby players and some spectators rushing onto the field disturbing the peace, and also resulted in the assault of the referee, who was seriously injured.

Kruse said the assault of the visiting referee Ponifasio Vasa was an embarrassment for American Samoa in the world of sports. He said the defendant's action was not good sportsmanship or a role model.

Tago was sentenced to one-year imprisonment and all but 130 days were suspended, but since the defendant had already served 130 days at TCF while awaiting his case going through the judicial process, he was then released from jail once the sentence hearing was over.

He was placed on two years probation on several conditions, which included that he pay a $1,000 fine, but that was suspended for 90 days provided the defendant pay a $1,000 restitution towards the victim's hospital expenses.

However, if the defendant is not able to pay the restitution within 90-days, then he must pay the fine right away. Kruse warned that if the defendant doesn't pay the fine, then that constitutes nonpayment and under the law, the penalty states that for every $1 that's not paid, the person spends one day in jail.

Other conditions of probation include that Tago attends and completes anger management counseling and does not violate any local law. He was barred from participating in any rugby event, which includes being a player, a coach or a spectator.

Imposing the conditions dealing with rugby events, said Kruse, was due to reports received by the court that it was Tago's action that day in July that prompted Nu'uuli players to rush in to assault the referee.

Other Nu'uuli players charged in connection with the alleged beating of the referee are Fuatai Tago (Selefuti's brother), Pene Allardice Wells, Iopu Siolo and Tautiaga Uili, aka Pelenato Misi.

Trial for Siolo and Wells is set for Apr. 23, 2012, while cases for the other defendants are pending status hearings in court.

SILOMA SIOTALIMA

A native of Samoa accused of having a sexual relationship with a minor was arraigned Monday in High Court after waving his rights to a preliminary examination hearing last week in District Court.

Siloma Siotalima, 29, is charged with multiple rape counts, deviate sexual assault, sexual abuse in the first degree and endangering the welfare of a child. During the arraignment hearing, the defendant entered not guilty pleas to the charges and a pre trial conference has been set for next month.

New information revealed in court states that the alleged sexual relations occurred between July and November this year, when the defendant took the 16-year old to a hut at his plantation while her family was looking for her. The Immigration Office says the defendant's immigration ID expired last year. He remains in custody unable to post $50,000 bail.

UMU TEO

Under a plea agreement with the government, Umu Teo pled guilty early this week in the High Court to unlawful use of a weapon and possession of an unlicensed firearm. Other gun-related charges and a public peace disturbance charge were dismissed.

Teo, 34, was accused of pointing an unregistered gun into the mouth of a youngster. For the guilty plea, he admitted to committing this action between July 13 and 14 this year and will be sentenced Feb. 17, 2012.

Teo is out on bail and among conditions for release is that he does not possess any firearms, even registered firearms, he must report to his attorney every Monday, he must not violate any other law and he is prohibited from consuming alcohol.

RAPI MELEAH

The District Court last Friday prohibited Rapi Meleah from entering the Bank of Hawai'i branch in Utulei following an incident early last week where he allegedly hit a bank employee with a bag.

The incident at the BoH branch occurred Thursday, the same day that Meleah was scheduled to appear in District Court on another matter. He didn't show up on Thursday as he had been taken into custody by police after the incident at the bank.

Meleah who is currently charged with public peace disturbance in the bank incident returns Dec. 29 for another hearing and the court has ordered the defendant not to make any direct or indirect contact with the bank employee affected in this case.

In the meantime, the bank and the defense attorney are working on a way to follow the court order for the defendant not to enter the Utulei branch, by relocating his banking to another branch. District Court John Ward II said this will be a difficult task but preventing a similar incident from occurring again is important.

Samoa News reporters Ausage Fausia and Fili Sagapolutele contributed to this report.