Police v Saumalu [2025] WSSC 85 (2 July 2025)

IN THE SUPREME COURT OF SAMOA
Police v Saumalu [2025] WSSC 85 (2 July 2025)

Case name:	Police v Fatuatia Saumalu
Citation:	[2025] WSSC 85
Decision date:	2 July 2025
Parties:	POLICE (Informant) v FATUATIA SAUMALU, male of Aopo, Moamoa & Vaitoomuli (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 convicted and sentenced as follows: - possession of methamphetamine, 23 months imprisonment cumulative to your current term of imprisonment; - possession of 25 seeds marijuana, 9 months imprisonment concurrent; - possession of utensil, 6 months imprisonment concurrent; - possession of unlawful firearm and ammunitions, 4 months imprisonment concurrent.
Representation:	S Natia & E Keil for Prosecution Defendant self-represented
Catchwords:	possession of 5.65 grams of methamphetamine; a utensil; marijuana seeds; unlicensed or unregistered .22 caliber rifle; 3 rounds of ammunition;
Words and phrases:	highly educated; one of the privileged few in Samoa to have secured those scholarships and to hold the degrees you hold; well-regarded and a high achiever.
Legislation cited:
Cases cited:	Police v Mapu [2022] WSSC 38 (10 November 2022), Police v Webber [2023] WSSC 3 (7 February 2023), Police v Uepa [2025] WSSC 26 (25 April 2025).
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

FATUATIA SAUMALU, male of Aopo, Moamoa & Vaitoomuli.

Accused

Representation: S Natia & E Keil for Prosecution

Defendant self-represented

Sentence Decision: 2^nd July 2025

SENTENCE

1. The accused has been given a number of opportunities to engage counsel but has elected to proceed without counsel.
2. Fatuatia, you appear for sentence on charges of possession of (a) 5.65 grams of methamphetamine; (b) a utensil (one clear glass pipe); (c) 25 marijuana seeds; (d) unlicensed or unregistered .22 caliber rifle; and (e) 3 rounds of ammunition.

The offending:

3. According to the Summary of Facts, on the 20^th November 2024 at approximately 11.00am, police were conducting a roadside check point at Satupaitea Road, Savaii. At approximately 1.00pm, police stopped a Toyota Fielder registration T-5330 driven by you. Police requested your driver’s license but you stated that you had forgotten your license in Apia. Police suspected that you may be intoxicated. Police requested you to open the trunk of the car, which you voluntarily did. Police found a .22 caliber rifle. The car was taken to the Vaitoomuli Police Post and a search carried out. The search found:
   • the clear glass pipe;
   • three rounds of ammunition;
   • the methamphetamine in 5 zip lock bags; and
   • 25 marijuana seeds.

The accused:

4. You are a 42 year old male. You are married with three children and currently serving a prison sentence for similar offending entered on the 21^st March 2025. You are very highly educated. You secured a scholarship and graduated from Victoria University, Wellington with a Bachelor Degree in Commerce. You later secured another scholarship to Newcastle University, Australia where you successfully completed a Masters Degree in Accounting Technician. You have worked at Lesa ma Penn, the Accident Compensation Corporation, Samoa Water Authority, Digicel Samoa and most recently, as the Internal Auditor for the Samoa National Provident Fund.
5. On the 21^st March this year, you were sentenced to 12 months imprisonment for possession of 1.10 grams of methamphetamine. That offending stems from an incident on the 24^th June 2023.

Aggravating Features:

6. The aggravating features of your offending are:
   • (a) you committed this offending whilst on bail for the earlier possession of methamphetamine charge from June 2023;
   • (b) the quantity of methamphetamine in your possession, which by Samoan standards, is considerable;
   • (c) the prevalence of this offending in Samoa; and
   • (d) the combination of narcotics and utensils in his possession together with firearms and ammunition.
7. Prosecution submits that an aggravating factor personal to you is your prior conviction for similar offending. When you committed this offending, you were on bail. No conviction had been recorded at that stage. The appropriate uplift is for offending on bail and not for a prior conviction for similar offending.

Mitigating Features:

8. I accept that as a result of your offending both on this occasion and your earlier offending, you were banished. As you already received some credit in your first offending, nominal discount will be extended on this occasion. The only other mitigating factor relevant to your sentence otherwise is your assistance to authorities and relatively early guilty plea, though not at the first available opportunity. I will deduct 50% for assistance and guilty plea.

Discussion:

9. Fatuatia, when Nelson J sentenced you earlier this year, he lamented the fact that you were another tragic example of a well-educated man with family responsibilities destroyed by your involvement in narcotics. You told the Probation Service in your first report that you were introduced to methamphetamines by a friend and had no intention to use it frequently. But that is sadly the extraordinary power of this drug to hook people into becoming addicts. You are not the first nor will you be the last meth user who begins down the tragic road of meth use by being introduced to it casually and end up becoming a more hardened and regular addict.
10. There has been much talk over the past decade and longer concerning the risk of and now emergence of a methamphetamine epidemic in Samoa. Judges have regularly raised serious concern over this rising tide. This concern has been echoed by police, politicians, civil society organizations in the field including the Salvation Army, villages and the general public – a chorus that is only likely to grow louder. Despite these concerns, the fight against meth in Samoa has largely been police driven, court focused and imprisonment based with little if any apparent government funding priority. Effectively combatting methamphetamine (and other hard drugs) is however far more complex than the largely single dimensional approach currently applied in Samoa. It requires not only the work and role of police and courts but extensive and concerted public awareness programs so people do not start to take ice in the first place, as Fatuatia did. There also needs to be specialized treatment programs so that users can seek help to break their addiction - hopefully before they come into contact with the law. Meaningful government funding for these types of program are critical if Samoa is to rise to meet the enormous challenge to the safety and well-being of the community posed by ice.
11. Now, I turn to start point. Prosecution seeks a sentence start point of between 4 and 5 years’ imprisonment. Although prosecution referred to a commercial purpose in terms of your possession of the methamphetamine, it does so principally on the basis of the weight of the methamphetamine and the presence of the marijuana seeds. Whilst I certainly do not rule out that you may potentially have had these narcotics for a commercial purpose, I am not satisfied that this is established as a fact and I am not prepared to draw this inference on the facts of this case alone. I sentence you as a user.
12. In Police v Mapu [2022] WSSC 38 (10 November 2022), a 3 year sentence start point was adopted for the possession of 1.6 grams of methamphetamine, 2 glass pipes and the possession of unlawful and unregistered weapons and firearms. In your case, you possessed substantially more methamphetamine, had possession of the marijuana seeds and committed your offending whilst on bail for similar offending for which you were ultimately sentenced in March – in addition to the arms and ammunition. In Police v Webber [2023] WSSC 3 (7 February 2023), a 3 year start point was adopted for possession of 5.4 grams methamphetamine, 1.68 grams of marijuana substances and half a marijuana cigarette and a glass pipe. I have also had regard Police v Uepa [2025] WSSC 26 (25 April 2025) and those authorities referred to me by prosecution. In my view, 4 to 4 ½ years are open to me particularly given this offending occurred whilst on bail. I have however determined to set the start point at the low end of the range at 4 years’ imprisonment. From this, I deduct 3 months for your banishment and from the balance, 22 months leaving an end sentence of 23 months’ imprisonment.
13. You requested Fatuatia for this sentence to be served concurrently with your present sentence. Although your offending is of a similar kind, at least insofar as the possession of narcotics charges, they are not a connected series of events such as to warrant concurrent sentencing. When you committed this offending, you were already on bail for the earlier offending. The sentence will be cumulative.
14. Finally Fatuatia, you are very highly educated and have much to offer the community. You are one of the privileged few in Samoa to have secured those scholarships and to hold the degrees you hold. Your employment record is also testament to the value you have had in the workplace. As the Internal Auditor for the SNPF, you were clearly well regarded and a high achiever. You however have a serious problem with methamphetamine. Fatuatia, do not let drugs ruin your life. Also do not let these sentences define the rest of your life. You have a wife and 3 children. Your children no doubt want you back home to be a father to them. Whilst your involvement with ice is a major set-back for you, you can when released apply your skills and talents to find good employment, rebuild your life and find your way back from this set back. You can also seek help and support from the Salvation Army and Probation Service and encourage you to do so.

Result:

15. Accordingly, you are convicted and sentenced as follows:
    • (a) possession of methamphetamine, 23 months’ imprisonment cumulative to your current term of imprisonment;
    • (b) possession of 25 seeds marijuana, 9 months’ imprisonment concurrent;
    • (c) possession of utensil, 6 months’ imprisonment concurrent;
    • (d) possession of unlawful firearm and ammunitions, 4 months’ imprisonment concurrent.

JUSTICE CLARKE