Police v Tulaga [2009] WSSC 44 (20 April 2009)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

IOAPO PIO TULAGA,
male of Vaitele and Puapua Savaii.
Accused

Counsels: Ms F. Vaai for the prosecution
Defendant unrepresented

Sentence: 20 April 2009

SENTENCE

This case is more similar to the previous case where the defendant who normally resides in Samalaeulu Savaii was caught in possession of a relatively small quantity of marijuana which he says was purchased for personal use while he was in Apia for a family faalavelave. The defendant now realizes what he did was a very stupid thing to do and even more stupid trying to hide it from the police who caught him with it during a recent drug raid at Fugalei Market.

The defendant was also heavily penalized by the Samalaeulu Village Council which penalty has been confirmed in writing by the pulenuu to be one (1) cow, four (4) large pigs plus $500.00. The Village Council representative also has traveled to Apia and appeared before the court to confirm this plus the village councils desire to work together with the courts and the authorities to try and eradicate drug offending in their area. As stated earlier the court is happy to hear that and encourages such measures to be taken by village councils in their villages because the problem is not restricted to urban Apia only but is spreading to the villages where land is plentiful. I take particular recognition therefore in this case of the village council penalty and their representation before the court. Something I am mandated by law to do. I also take into account the defendant is a first offender for this kind of offence, he has pleaded guilty and his expression of remorse and promise not to do it again seems sincere enough. He has also spent fifteen (15) days in custody awaiting sentencing after arrest.

Ona o tulaga ia o le a faasala tupe lau faaiuga e le faamasinoga i le asō. Ae tatau foi ona avatu se lapataiga ale faamasinoga i lau susuga, ole taimi muamua ole taimi mulimuli lea e te toe tulai ai, aua a e toe o’o mai ise mataupu faapenei e tasi lava le faaiuga e tatau ona tuu atu. Ua manino lea tulaga? (defendant indicates he understands).

Considering all circumstances the defendant will be convicted and fined $500 payable by 4pm tomorrow Tuesday 21 April 2009 in default three (3) months imprisonment.

JUSTICE NELSON