Police v Furlotti [2024] WSSC 62 (28 June 2024)

IN THE SUPREME COURT OF SAMOA
Police v Furlotti [2024] WSSC 62 (28 June 2024)

Case name:	Police v Furlotti
Citation:	[2024] WSSC 62
Decision date:	28 June 2024
Parties:	POLICE (Informant) v PATRICK SWIFT FURLOTTI, male of Hawaii (Accused)
Hearing date(s):
File number(s):
Jurisdiction:	Supreme Court – CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Leiataualesa Daryl Clarke
On appeal from:
Order:	Accordingly, you are: (i) discharged without conviction; and (ii) ordered to pay $500.00 Court costs. Your travel documents surrendered to the Court are to be retained until you have paid the Court costs and is to be returned to you on payment.
Representation:	J. Leung-Wai for Prosecution S. Chan-Chui for the Accused
Catchwords:	Possession of narcotics – marijuana leaves – discharged without conviction.
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

PATRICK SWIFT FURLOTTI, male of Hawaii, USA.

Accused

Counsel: J. Leung Wai for Prosecution
S Chan Chui for Accused.

Sentence: 28 June 2024

SENTENCE

1. Patrick Furlotti, you appear for sentence on the charge of possession of narcotics, 3.08 grams of loose marijuana leaves in a white piece of paper.

The Offending

2. According to the Summary of Facts dated 27th May 2024 accepted by you through your counsel (as amended), you arrived into Apia on the 7th May 2024 on your yacht “Ozz Magic”. You were accompanied by three Tahitian nationals. While in Samoa, one of your crew members went to the market and bought some marijuana. Sometime after 7th May, your crew members left.
3. On the 14th May, Customs and Police came to your boat to conduct a search of your boat. You rang a crew member who you knew smoked marijuana whether he had left any marijuana on the boat. He informed you of the marijuana which you then retrieved and put in your pants pocket. It is accepted that you did not know of the presence of marijuana beforehand.

The Accused:

4. You are a 43 year old single male from Hawaii and Tahiti with one child. You grew up in California and proceeded to University in Hawaii studying a bachelor of science and economics which you have two papers remaining to complete. You migrated to Tahiti in 2003 where you operate a solar farm panel and homestay.
5. The material before me shows that you are involved in charity work in Samoa and the region. Much of this is at your cost or using the resources of your family’s company or resources. In his character reference, Tagaloa Eddie Wilson speaks volumes of your character saying that he has not met another foreigner with such a big heart. You have supported the Scientific Research Organization of Samoa (SROS) having organized a breadfruit dehydrator for the piloting of the production of breadfruit flour. You have assisted the region by supporting the establishment of the Small Island Developing States (SIDS) Sustainable Energy and Climate Resilience Organization to amplify the voice of Pacific Island States on climate issues before the United Nations. You are presently promoting the establishment of Phoenix NuCarbon which appears to be a low waste energy conversion technology to productively and environmentally reduce waste at landfills through energy production. You are, it would seem, a committed environmentalist that travels the Pacific and the globe.

Aggravating factors

6. There are no aggravating features to your offending.

Mitigating Factors

7. A significant mitigating factor to your offending is that the marijuana did not belong to you. You also had no prior knowledge of the marijuana being on board your boat until Customs and Police arrived and you made enquiries of one of your crew members who had left Samoa.
8. The mitigating features personal to you of your matter are as follows:
   • your prior good character and extensive environmental and charitable work locally and regionally;
   • your genuine remorse, apology and honesty when dealing with the court; and
   • your guilty plea at the earliest opportunity.

Application For Discharge Without Conviction

9. You have applied for a discharge without conviction. In order to determine your application for a discharge without conviction, I must assess (a) the gravity of your offending; (b) the direct and indirect consequences of a conviction on you; and (c) whether the consequences of a conviction are out of all proportion to the gravity of your offending.
10. In my assessment, the gravity of your offending is at the low end of this type of offending. The marijuana was not yours. You had no prior knowledge of its presence on your boat. When you were made aware of the presence of the marijuana on the boat while Customs were there, out of I expect fear and concern, you put the marijuana in your pocket but gave it up to Customs when questioned.
11. Ordinarily, the implications of a conviction against your name would be a matter often best left to immigration authorities of countries to resolve. However, your circumstances are quite different to those that ordinarily come before the courts. This is because you had no prior knowledge of the presence of the marijuana on your boat and it belonged to a crew member who had left Samoa. There is little doubt in my mind that the entry of a conviction against you will have significant immigration and travel consequences for you affecting your ability to again enter Samoa and most likely, travel through the Pacific and globally with often the obligation to declare convictions of this nature to immigration authorities. I also accept that the entry of a “narcotics” conviction itself will also have implications for you given your charity and environmental work. Given your life circumstances, I assess the direct and indirect consequences of a conviction on you as at a minimum moderate.
12. Finally, I am to determine whether the direct and indirect consequences of a conviction are out of all proportions to the gravity of your offending. Given the circumstances of your offending, I find that the consequences of a conviction which I assess as at a minimum moderate to be out of all proportion to the gravity of your offending.
13. In reaching this conclusion, I am also mindful of the important charity and environmental work you do both here in Samoa and regionally. That work supports not only the interests of our people but the people of the Pacific. A conviction will jeopardize your ability to perform that important work.
14. You will be discharged without conviction. Before I conclude Patrick, I have appreciated your frankness and acceptance of responsibility for the circumstances you found yourself in. The weight of these proceedings on you have also been very clear to me as you addressed the Court, as well as your deep regret. In future, I suggest however you be more discerning of the people you take on board to crew your boat and if you know they are marijuana or drug users, to think again.
15. I wish you well with your charity and environmental work.
16. Accordingly, you are:
    • (i) discharged without conviction; and
    • (ii) ordered to pay $500.00 Court costs.
17. Your travel documents surrendered to the Court are to be retained until you have paid the Court costs and is to be returned to you on payment.

JUSTICE CLARKE