Police v Vailopa [2025] WSSC 24 (11 April 2025)

IN THE SUPREME COURT OF SAMOA
Police v Vailopa [2025] WSSC 24 (11 April 2025)

Case name:	Police v Vailopa
Citation:	[2025] WSSC 24
Decision date:	11 April 2025
Parties:	POLICE (Informant) v DANIEL ISUMU VAILOPA a.k.a DANIEL VAILOPA, male of Fugalei and Toamua (Defendant)
Hearing date(s):
File number(s):	2024-04444 per Charge 1 & 2 per CD dated 1/7/24.
Jurisdiction:	Supreme Court – CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Fepulea'i Ameperosa Roma
On appeal from:
Order:	But despite your guilty pleas to the charges, there is nothing before me by way of facts to support the allegations. For that reason, I have decided to dismiss all four charges. You are free to go.
Representation:	R. Fong for Prosecution Defendant in person
Catchwords:	Burglary and Theft.
Words and phrases:
Legislation cited:	Crimes Act 2013, ss.174; 161 & 165(b) (c).
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

AND:

DANIEL ISUMU VAILOPA (a.k.a) DANIEL VAILOPA male of Fugalei and Toamua uta.

Defendant

Counsel: R. Fong for Prosecution
Defendant in person

Sentence: 11 April 2025

SENTENCE

Charges

1. You appear for sentence on two charges of burglary and two of theft. They arise out of incidents which occurred on the 2nd and 9th June 2024. You denied all charges when finalised on the 2nd September 2024; the matter was then set for hearing as a special fixture on the 27th and 28th March this year. Prosecution objected to bail on your previous conviction history, and you continued to remain in custody awaiting trial.
2. Last month the hearing date was vacated on application by prosecution as the assigned prosecutor was on medical leave. When the matter was recalled on the 1st April to schedule a new hearing date, you vacated your denial substituted by guilty pleas to all four charges after prosecution withdrew one. It was then adjourned with consent of prosecution to Monday 7th April for a summary of facts and sentencing.
3. That day however, prosecution sought a further adjournment for a summary of facts and sentencing memorandum. The advice by Mr Fesili was that the sentencing documents would be ready the following day, 8th April. But instead of adjourning the matter to the following day, I granted prosecution more time to today, 11th April.
4. Ms Fong now appears and seeks another adjournment saying they have yet to obtain a victim impact report from the complainant. Still, no summary and sentencing memorandum have been produced.
5. I find prosecution’s conduct in this matter most unsatisfactory and unacceptable. There are only four charges from two incidents; it should not have taken them two hours to prepare a summary of facts. But this is also one of many instances most recently where prosecution have been unable to produce summaries and sentencing documents. Whilst the court has accommodated these requests in the past, this unsatisfactory practice by prosecution must not continue.
6. Defendant you have not taken a position on prosecution’s application to adjourn but left it to the court to decide. But you have also tried to seek that your guilty pleas to some charges be vacated. I will not entertain that request by you.
7. The question is whether I should grant prosecution’s application for an adjournment. As I have said, their failure to provide a summary and sentencing memorandum despite previous adjournments is inexcusable and most unsatisfactory. I will simply not allow them a further opportunity.
8. Coming back to the charges, they are not minor; the value of stolen items being $715 and $1,998 respectively. You are a well known prisoner with a long history of convictions for serious offending, including many for burglary and theft. The protection of the community would have required you be imprisoned. In that regard I consider that you have been in custody for these offences since the 7th August 2024, a period of 8 months now.
9. But despite your guilty pleas to the charges, there is nothing before me by way of facts to support the allegations.
10. For that reason, I have decided to dismiss all four charges. You are free to go.

JUSTICE ROMA