A Filipino national accused of having illicit drugs on her while trying to board a plane at the Faleolo Airport had her request to leave the country denied by the Supreme Court. 

Arriane Fae Timblique of Philippines and Nuuuli American Samoa is charged with possession of 0.83 grams of methamphetamine and a 44 Remington Magnum Super ammunition. 

Represented by lawyer Vaisala Afoa, the foreigner who is a teacher at the Nu’uuli Vocational Technical High School denied the charges. 

The accused strongly maintains her innocence alleging she had no knowledge of the substances and that she strongly suspects that the items were planted.

She has now been placed on leave without pay pending her trial. 

She recently applied for a variation of bail to allow her to leave the country for American Samoa because she has no family in Samoa and is unable to sustain herself here for any amount of time.

She also argued her remaining in Samoa until the date of the hearing would impose undue hardship and offered two sureties of $5,000 each.

The prosecution opposes the bail variation arguing the accused had no substantial ties to Samoa and the evidence against her is “compelling” and increases the risk of absconding. 

It was also noted there is no extradition treaty with the Philippines.

On the afternoon of Friday 5 July 2024, the accused entered Samoa to transit onwards to the Philippines.  

She cleared customs, met a church minister and spent time in Apia. 

In the early morning of Saturday 6 July, she went to Faleolo Airport to travel on Fiji Airways to Fiji and onwards to Singapore and the Philippines. 

As she proceeded through airport security, methamphetamine and a bullet were allegedly found in the accused’s backpack.

The suspected methamphetamine seized by police has been tested by SROS and the test results were positive for methamphetamine.

In delivering his verdict on Friday on the variation of bail, Supreme Court Justice, Leiataualesa Daryl Clarke said the granting of overseas bail is an indulgence on the part of the court even where a surety is given. 

He said the charges were very serious and if convicted of the possession of methamphetamine charge, there is a real risk that she could be given a custodial sentence. 

Justice Clarke added that if allowed to leave the country, there was little motivation for the defendant to return and in fact, quite the contrary. This substantially increases her flight risk.

“If permitted to travel to American Samoa, the accused will be beyond the reach of Samoa’s Courts and unable to impose any enforceable restrictions on her,” he said. 

“No material was also placed before me to suggest that Samoa has extradition arrangements with American Samoa.

"As a citizen of the Philippines, once in American Samoa, there would also be no way of stopping the accused from returning to her native Philippines. Samoa does not have an extradition treaty with the Philippines.”

Justice Clarke pointed out that in all these circumstances, to permit the accused to leave the jurisdiction poses a significant and unacceptable risk of her not returning to Samoa for trial. 

He added the provision of proposed sureties of $5,000 does not reduce this risk much at all. 

“The bail conditions imposed are reasonably necessary to ensure that the accused appears for trial given these risks,” said the court. 

“The trial is scheduled for 9 December 2024. The prosecution noted that given the matters flagged by the accused, an earlier hearing date could address the accused’s circumstances. 

“I encourage prosecution to review presently listed trial matters and see if an existing fixture might be vacated and this matter substituted in its place.”

The application was subsequently dismissed and the accused was released on bail until her trial in December.