A stern warning was issued by the Supreme Court for those who abuse customs and tradition, especially the ifoga to get reduced jail time.

Visesio Kamilo, 51, of Palisi and Fa’atoia was sentenced to jail for six years for manslaughter last month. He assaulted a man resulting in his death.

Judge Justice Vui Clarence Nelson told Kamilo that the ifoga he did was an attempt to get a reduced sentence.

“Clearly, this so-called ‘ifoga’ was an attempt to lessen the court’s punishment on the defendant. This is not acceptable. It is contrary to the spirit of remorse for the offending and it is counter to our ‘tu and aga Fa’a-Samoa’,” said Justice Vui.

“Our customs and traditions are not to be abused in this fashion. Such desperate last-minute attempts must be soundly condemned and rejected. There will be no deduction for ifoga or reconciliation.”

Kamilo pleaded guilty to a charge that at Palisi on 24 October 2021 he caused the death of Lolesio Siliato, a 38-year-old man from Palisi.

Siliato died from severe head injuries caused by the defendant’s assault.

According to the summary of facts, on Sunday, 24 October 2021 at 8:00 am, the deceased and some companions were engaged in a loud drinking session. The Police had to be called twice to warn them.

Kamilo around 6:00 pm became aware of this session and the rowdy “le mafaufau” behaviour of the deceased and his friends. The court heard that Kamilo was a ‘leoleo sa’ for Palisi.

He became angry and armed himself with a steel bar and went in search of the deceased and the partygoers. He found the deceased asleep in his house, woke him up and scolded him. The summary said the deceased tried to apologise but the defendant proceeded nevertheless to assault him. He hit him twice on the head and once on the shoulder with the steel bar.

“The maximum penalty for manslaughter is life in prison because it is a serious offence involving the taking of a human being’s life,” Justice Vui said in his sentencing.

“I accept Visesio that on the day in question, the deceased may have been behaving badly but that was no justification for you to assault him violently with a steel bar. The duty of a ‘leoleo sa’ does not extend to the power of life and death.

“The court’s sentence must send that message to the defendant and the community. As well as a message that golden chances given by the courts are to be taken advantage of and wisely. The sentence must also hold the defendant accountable for his actions and serve to condemn violence of this kind.”