Judge Seeks Answers About Use of Special Provision

District Court Judge Fiti Funia has asked the Immigration Office to look into the status of a family of seven brought from Samoa under the special provision in immigration law.

The special provision enables businesses to bring in foreigners with special skills on an expedited basis without having to go through standard immigration procedures.

The judge’s request was made during the initial appearance for defendant Teofilo Kelekolio who’s charged with public peace disturbance.

The defendant allegedly hit his 11-year-old son while helping the boy with his homework.

The defendant’s mother in law intervened and police weer contacted.

During Kelekolio’s initial appearance in District Court this morning, the Immigration Officer said that the defendant has a SP (special provision) immigration status.

Responding to Judge Sunia’s inquiries, the defendant said he arrived in the territory this year to fish for a business called Brothers Fish Market a company owned by Fuega Saite Moliga, Director of Administrative Services.

According to Kelekolio , when he’s not fishing, he would provide labor for a construction company called Baseline Company owned by Peter Afoa.

This is one of the contractors building the Manu’a Store warehouse at the Industrial Park.

The defendant explained that four of his children were born in Samoa and his 5 month baby was born here in the territory.

(After this story was aired, Fuega contacted KHJ News and disputed Kelekolio’s comments.  He said he brought Kelekolio here in 2015 and the same year, he returned the defendant to Samoa,  He said the defendant was here by himself under his sponsorship.   Fuega also said that Kelekolio was brought here again by another sponsor).

 

Judge Sunia expressed concern that these individuals came here under the special special provision.

He pointed out that just last week, he heard the case of an individual who arrived here under the same provision to work for a hair salon and ended up driving a bus.

Judge Sunia said he hopes not all of the defendant’s family members are here under the special provision.

The defendant was released from the Territorial Correctional Facility on condition that he remain a law abiding citizen, make all his court appearances and maintain peace in his family.

Kelekolio entered a plea of not guilty and his pre-trial conference has been scheduled for June 13th.

Prosecuting the case is Assistant Attorney General Woodrow Pengally while Assistant Public Defender Kate Hannaher is representing the defendant.

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