The Supreme Court has decried the disestablishment of a prison facility for young offenders forcing juveniles to serve imprisonment with older prisoners posing the risk of abuse. 

Senior Supreme Court Justice, Vui Clarence Nelson highlighted his concerns about not having such a facility for adolescents when he sentenced a young offender to three years in jail for raping his cousin. 

Justice Nelson said it was unfortunate there is no longer a separate facility such as the Olomanu Rehabilitation Center at Mulifanua for young offenders and adolescents. 

“Something the courts of this country decry and is continually lobbying to re-establish in order to promote rehabilitation of young offenders such as yourself who would benefit from specifically tailored rehabilitation programs,” he told the accused as he passed his sentence. 

“We will not give up in this struggle but currently the courts' choices are limited. 

“What is abundantly clear is sending young people and adolescents into a harsh prison environment is not conducive to anything constructive.”

The Senior Justice further pointed out that Samoan prisons are nothing like prisons in New Zealand or Australia. 

He said the conditions are harsher here, especially for the younger inmates who must be subservient to the appointed elders of their cell block. 

“The potential for prisoner abuse is high and complaints to the Prison Authorities are common.” 

For those reasons, Justice Nelson deducted time for the rape accused to reflect the matters and handed down a three-year sentence. 

The defendant’s name has been suppressed and he was found guilty of one count of rape and two counts of sexual connection with a person under 16 years old. 

The complainant lives in New Zealand and was 14 at the time of the incident while the defendant was 16. The complainant was visiting Samoa when the incident took place.

The offence took place in February 2020 and was reported almost two years later. 

The defence had argued against the charges noting the complainant only raised the incident years later. The court said this was a misconception noting authorities from New Zealand. 

The private prosecutor was Lucy Sio Ofoia and the defence counsel was Veiuto Faasii.