Police v Savaiinaea [2019] WSDC 7 (4 March 2019)

IN THE DISTRICT COURT OF SAMOA
Police v Savaiinaea [2019] WSDC 7

Case name:	Police v Savaiinaea
Citation:	[2019] WSDC 7
Decision date:	04 March 2019
Parties:	POLICE v LIUA VAASILI SAVAIINAEA male of Vaitele fou and Salailua Savaii
Hearing date(s):
File number(s):	D3781/18, D3782/18, D4024/18
Jurisdiction:	Criminal
Place of delivery:	District Court of Samoa, Mulinuu
Judge(s):	Judge Fepuleai Ameperosa Roma
On appeal from:
Order:	On the 2 counts of wilfully giving false information with intention to mislead the Police in the execution of their duties, you are convicted of both charges and ordered to come up for sentence within 12 months if called upon. You are further ordered to pay Police costs of $400.00 On the charge of publishing false statements that is likely to create disaffection and resentment and dissension among the population, you are convicted and fined $100.00 The total sum of Police costs of $400.00 and your fine of $100.00 being $500.00 must be paid by 3pm this Thursday 07th March 2019, in default 6 weeks imprisonment.
Representation:	I. Atoa for Prosecution
	Defendant Unrepresented
Catchwords:	aggravating factors – gravity of the offending –willfully giving false information – guilty plea at the earliest opportunity – intention to mislead –mitigating factors – maximum penalty – starting point for sentence -
Words and phrases:
Legislation cited:	Police Offences Ordinance 1961 s9 & s10(2)
Cases cited:
Summary of decision:

IN THE DISTRICT COURT OF SAMOA
HELD AT MULINUU

BETWEEN

POLICE
Informant

AND

LIUA VAASILI SAVAIINAEA, male of Vaitele fou and Salailua, Savaii
Defendant

Representation:
Ms I. Atoa for Prosecution
Defendant Unrepresented

Sentence: 04 March 2019

ORAL SENTENCING REMARKS OF JUDGE ROMA

Charges

1. Defendant you appear this morning for sentence on 3 charges.
2. There are two counts of willfully giving false information with intention to mislead Police in the execution of their duties. Those charges are brought under Section 10 (2) Police Offences Ordinance 1961. The maximum penalty for each charge is 3 months imprisonment.
3. The third is one of publishing a false statement that is likely to agitate, distress and create disaffection and resentment among the population. That charge is brought under Section 9 of the Police Offences Ordinance 1961. The maximum penalty is a fine of $200.00
4. On the 3 charges therefore, you are liable to a term of imprisonment of 6 months and a fine of $200.00

Offending

5. The summary of facts which you accept says that on the 29^th September 2018, you caused to be published in Samoan a facebook post that was meant for the public. The post warned members of the public around the Vaitele area to be vigilant and look out for their young children because there was a white van driving around, picking up and taking young children. The post also referred to an incident in the previous week whereby two young girls were about to be kidnapped to be saved by members of the public nearby. It also referred to an incident the evening of your publication where you and some others threw rocks at a van that was about to take 2 other girls also around the Vaitele area. Through an interview carried by TV One in its daily news programme you repeated the same story.
6. On 1^st October 2018, when Police investigated the matter, you added a bit more detail and told them that you were on your way home from a volleyball game when you came across a tinted white van with no number plate. You also told Police that a male wearing all black was struggling to abduct two females, and you came to their rescue by throwing stones at the vehicle causing one of the windows to shatter.
7. Furthermore, on the 03^rd October 2018, you told Police in another statement that an unknown person had called you from an unknown number on the 01^st October 2018, and threatened that you would be their target.
8. Police investigated your story by interviewing members of the public who live nearby. They discovered that nothing of the sort ever happened in their area on the dates that you mentioned. The statements that you made were in fact false and misled Police in the execution of their duties. Further, when you were taken in by Police for questioning, you texted a friend to also lie to Police if and when asked about the matter.
9. In the pre-sentence report you told Probation that the girls who were the subject of the alleged kidnap attempt had told you what happened.
10. But rather than refer the complaint to Police for investigation you made it the subject of a facebook post, with fabricated detail, with you being the hero. Your intention as you say, was to warn the public to be more alert and look out for their young children. You took the Police along your lies until they finally discovered that your story was in fact false.

Aggravating factors

11. The only aggravating factor relating to your offending is the impact on the public and police.
12. What you did Liua caused unnecessary fear amongst the public. On one hand it probably caused members of the public to be more alert in looking after their children. On the other, it caused them unnecessary panic. In relation to the Police, your offending caused them to commit more time and resources to investigate your fabricated story, which could have been spent on other important Police work.
13. There are no aggravating factors personal to you as the offender

Mitigating factors

14. There are no mitigating factors relating to your offending. But there are mitigating factors relating to you as offender.
15. I take into account your guilty pleas to all charges at the earliest opportunity.
16. I also take into account your personal circumstances. From the material before me you are 28 years of age and single. You were adopted by a relative at a young age and became the youngest of 9 children. Your father passed away when you were very young. Your mother has also passed away since. You have had reasonably good education completing Secondary Level at Pesega College. You have also held a number of jobs to help your family out. At present, you are unemployed and living with a sister and helping out at home.
17. There are testimonials attached to the pre-sentence report from the Parish Minister of the Methodist Church and one of the matais of Salailua, Savaii, the village where you grew up. Both speak highly of your character. You are also a first offender.

Discussion

18. Prosecution is seeking an imprisonment term with a starting point of 2 months. They argue that the gravity of your offending is high given the impact on the public and the work of the Police.
19. I have decided however to give you another chance. I do so because of your early guilty pleas and the fact that you are a first offender.
20. I also bear in mind that the maximum penalty for the more serious charges you face, is an imprisonment term of 3 months. But I must warn you Liua, that you will not be given the same leniency if you appear again on similar or more serious charges.

Result

21. Because of those reasons I sentence you as follows:
    • (i) On the 2 counts of wilfully giving false information with intention to mislead the Police in the execution of their duties, you are convicted of both charges and ordered to come up for sentence within 12 months if called upon.
      • You are further ordered to pay Police costs of $400.00
    • (ii) On the charge of publishing false statements that is likely to create disaffection and resentment and dissension among the population, you are convicted and fined $100.00

The total sum of Police costs of $400.00 and your fine of $100.00 being $500.00 must be paid by 3pm this Thursday 07^th March 2019, in default 6 weeks imprisonment.

22. Are we clear on the sentence Counsel. Liua, ua e malamalama i le faaiuga lea ua tuuina atu. Ia faafetai ua mae’a.

JUDGE FEPULEAI A. ROMA