"We should not have taken the law in our hands,": Matai

By Marieta Heidi Ilalio 11 March 2025, 1:00PM

A chief from Lefagaoalii, Savaii asked the court for forgiveness and apologised for actions which included assault and hogtying a man and carrying him to an 'umu.'

Lemana Pene, 57, a senior matai from the village was among 12 defendants given a chance by Judge Justice Leiataualesa Darryl Clarke to apologise in court. All the 12 admitted kidnapping and assault charges while denying the attempted murder charge.

"I am truly sorry, we are truly sorry and learnt from our mistakes and I would like to say that taking the law into our own hands shouldn't have been done," Lemana said.

"We know that what we have done is wrong and we have set a wrong and bad example for the youth of our village. 

"We will advise the future generations (tupulaga lalovaoa) and all villagers that what we have done to the victim is wrong and unlawful." 

Lemana said the time they spent in custody taught them an important lesson that they shouldn't be taking the law into their hands.

On Monday, the court heard final submissions from the prosecution and defence.

Leone Su'a-Mailo who is prosecuting the matter said what the matai and untitled men of Lefagaoalii did to the victim was inhumane and asked for an eight-year imprisonment term for Lemana Pene, Tauti Tiaka and Vaele Iosia Reupoamo while four years imprisonment term for defendants Va'a Alai, Ofisa Sitafao, Amiga Lagaaia and Faavevela Lale.

She said other defendants, Toemago Pa'u Lasalo, Lemana Nouata and Salapo Etene Uini should face at least two years imprisonment.

Ms Su'a-Mailo said the nature of the offence was cruel and violent, there was public humiliation and the victim was banned from the village, assaulted, hog-tied and carried 1.3 kilometres.

She said the defendants also invaded the property of the victim in this matter and the court should consider the penalties so that these matai and untitled men should learn their lessons.

Defence counsel Alex Su'a said while the nature of the offending was inhumane the court has to consider that the defendant was asked three times to come to village meetings but did not want to.

Mr Su'a also stated that it was not the village's intention to do what happened but it was the village's solution to let the defendant know that he should have obeyed the village council's plea for him to attend the meetings and consult.

Mr Su'a said the proper punishment should be four years imprisonment for Lemana Pene, Tauti Tiaka and Vaele Iosia Reupoamo while two years is suitable for other defendants, Va'a Alai, Ofisa Sitafao, Amiga Lagaaia and Faavevela Lale.

Mr Su'a says 12 months imprisonment was applicable to defendants Toemago Pa'u Lasalo, Lemana Nouata and Salapo Etene Uini.

Judge Justice Leiataualesa Darryl Clarke took into account submissions from both counsels and also the apology from one of the matai charged, Lemana Pene and adjourned the matter for sentencing on 21 March.

One of the 12 defendants in this matter, Aitauia Iosia Lemau has passed away and the court was already informed two weeks ago by defence counsel Mr Su'a about it.

The defendants in this matter are Vaele Iosia Reupoamo 75, Tauti Tiaka 68, Toemago Pa'u Lasalo, Lemana Nouata 55, Ofisa Sitafao 27, Vaa Alai 27, Amiga Lagaaia 30, Tomasi Samuelu 24, Faavevela Lale 27, Lemana Pene 57 and Salapo Etene Uini 61.

They have all been remanded in custody until next week Friday for sentencing.





By Marieta Heidi Ilalio 11 March 2025, 1:00PM
Samoa Observer

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