American Samoa's Attorney General Fainu'ulelei Alailima Utu has revealed that his office will not pursue criminal charges against three individuals named in a Department of Homeland Security (D.H.S.) report concerning the Kite Runner's voyage to and from Samoa in April of last year. 

This decision follows a review of the evidence, finding it insufficient to support the recommended prosecutions.

The comments from Fainu'ulelei were in response to queries from the local media outlet in American Samoa, Talanei Media. 

The D.H.S. report criticised the Kite Runner, a pleasure boat, for departing American Samoa without the required Certificate of Clearance. 

Following an investigation, D.H.S. had suggested that forgery and criminal fraud charges be filed against two government employees—one from Customs and another from the Department of Port Administration (D.P.A.)—as well as against Tish Peau, the vessel's registered owner, for criminal fraud and conspiracy.

The Attorney General’s office has provided clarity on these recommendations. 

As reported by Talanei, Fainu'ulelei Alailima Utu detailed that Port Administration Director Falenaoti Loi-On Fruean had confirmed in an August 24, 2023 letter that the D.P.A. employee who signed the departure form for the Kite Runner did so in her official capacity as Cargo Terminal Manager. 

Fruean fully supported the employee’s actions. Additionally, the customs employee in question had denied involvement in processing the Certificate of Clearance as corroborated by evidence.

Regarding Tish Peau, the Attorney General noted that the D.H.S. report lacked sufficient evidence to substantiate the claims of criminal fraud or conspiracy against her. 

In a previous interview with this newspaper, Fainu'ulelei had indicated that his office awaited further reports from the Department of Public Safety (D.P.S.) and the Senate Select Investigative Committee (S.S.I.C.) before deciding.

He said that the D.P.S. is the primary government department or agency responsible for investigating criminal matters in American Samoa.

"As soon as the Department of Public Safety and the Senate Select Investigative Committee present that information to us, we will be able to determine the issue," Fainu'ulelei told this newspaper last year.  

Last month, the S.S.I.C. concluded its investigation into the Kite Runner's trip, with chairman Senator Togiola Tulafono announcing that their inquiry found no legal violations. 

This conclusion was influenced by revised information from the vessel’s captain regarding the need for a logbook, which, according to Coast Guard guidelines, is not mandatory for personal voyages.

During the S.S.I.C. proceedings, concerns were raised about the customs officer who had issued a clearance retroactively. Chairman Tulafono explained that such retroactive clearances were not uncommon and noted that clearance for the Kite Runner was eventually issued after authorities in Samoa flagged the issue.

The S.S.I.C.’s decision to close the investigation did not include specific recommendations but aimed to address and clarify the issues surrounding the Kite Runner’s journey. 

This decision follows previous deliberations by S.S.I.C. describing the incident as a “national embarrassment” due to its implications for border security.

The Kite Runner according to the D.H.S. report is owned by Tish Peau who also serves as Acting Director of the American Samoa Historic Preservation Office (A.S.H.P.O.), and American Samoa businessman, Papali'i Laulii Alofa listed as the primary emergency contact,

In Samoa, Prime Minister Fiame Naomi Mata'afa had publicly 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 which is yet to be debated.