Kite Runner didn't break laws: S.S.I.C.
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The Senate Select Investigative Committee in American Samoa made a decisive move by voting to conclude their inquiry into the Kite Runner's journey to Samoa last year.
Committee Chairman Senator Togiola Tulafono declared that their investigation had determined no laws were violated during the vessel's trip.
This decision follows revelations that the captain had revised his initial testimony regarding the necessity of a log book for the voyage, as reported by local media in American Samoa.
Chairman Tulafono clarified that according to information from the Coast Guard, a log book is not mandatory for personal voyages, unlike commercial vessels which require one. This clarification played a crucial role in the committee's findings.
During the proceedings, Senator Petelo Uti raised concerns about the customs officer who permitted the Kite Runner to depart without a clearance certificate.
In response, Chairman Togiola noted that Customs official Juliano Falaniko had explained such instances had occurred previously, where clearance was granted retrospectively after a vessel had already left port. Importantly, clearance for the Kite Runner was eventually issued after Samoa alerted local authorities in Am. Samoa about the situation.
Chairman Tulafono emphasised that the committee's decision to conclude the investigation does not include any specific recommendations regarding the Kite Runner incident. This stance underscores the committee's objective approach to gathering and assessing information related to the case.
In a previous S.S.I.C. hearing during deliberations on the matter, some Senators described the issue as a "national embarrassment" as it was an issue of border security between the two countries.
As reported earlier by this newspaper, an investigation conducted by the Department of Homeland Security (D.H.S.) in American Samoa regarding the voyage of the Kite Runner, a boat registered in Pago Pago, recommended legal action against three officials.
The investigation, detailed in a report obtained by the Samoa Observer, confirmed that the Kite Runner departed for Samoan waters in April this year despite its Certificate of Clearance (C.O.C.) being on hold in American Samoa.
According to the D.H.S. report, the boat initially left American Samoa with three individuals on board and returned with an additional passenger, totaling four. The investigation also revealed that the Kite Runner had obtained a permit from Samoa's Immigration Division, allowing it to "cruise the island" for 10 days.
The vessel, owned by Tish Peau who also serves as Acting Director of the American Samoa Historic Preservation Office (A.S.H.P.O.), listed Laulii Alofa as its primary emergency contact, as disclosed by the D.H.S. investigation. The report further recommended charging two senior officials from American Samoa's Department of Ports Administration with forgery, alleging they had falsified the signature of the territory's Chief of Customs on the C.O.C., a document crucial for legal departures.
Additionally, the D.H.S. report suggested bringing fraud charges against the owner of the Kite Runner and Acting Director of A.S.H.P.O. The investigation, spanning 45 pages, included interviews with numerous officials, including the captain and crew member of the Kite Runner.
On April 27, 2023, the Samoan Police temporarily detained the Kite Runner after it unloaded goods in Savai'i. The vessel was allowed to depart later that day after submitting required paperwork, processed hastily following the initial detention.
In discussions with the D.H.S., Kite Runner's captain, Loleni Faiai, explained that he had assumed command due to personal leave for his father's funeral, prompted by a request from businessman Papalii Laulii Alofa. Faiai recounted that the boat departed American Samoa on April 25, 2023, reaching Apia the same day, and subsequently traveling to Savai'i for a funeral.
Regarding the number of passengers, Faiai clarified that three people were aboard when departing American Samoa, with a fourth joining for the return journey. He detailed that one crew member and Papalii flew to Apia separately, returning likewise by air.
The findings and recommendations of the D.H.S. investigation have been forwarded to the Attorney General of American Samoa for final review and determination.
Prime Minister of Samoa, Fiame Naomi Mata'afa admitted that the local authorities had lapsed on their part in allowing the boat to dock in Matautu without proper documentation.
She included this issue in her ministerial address in Parliament yet to be debated.
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