Sentencing Delayed As Court Has Questions

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Chief Justice Michael Kruse needs briefings from both counsels before sentencing can be handed down for 26-year-old Erasi Valusaga convicted in relation to the death of Futiga matai Namu Tuamasaga Aetui last year.

Kruse wanted to find out if the two criminal offences, namely assault and homicide that the defendant is accused of, merged.

Valusaga, represented by his attorney Talalelei Marcellus Uiagalelei, issued an apology to Chief Justice Kruse and judges and to the widow and children of the deceased.

Valusaga’s father informed the court that the Samoan ceremony of asking for forgiveness or ifoga was carried out by their family and the ifoga was accepted by the victims widow and children.

Counsel Uiagalelei asked the court for a probated sentence while Assistant Attorney General, Tyler Genzal asked for a maximum sentence.

He  pointed to  the severity of Valusaga’s offence and said the consequences should also be severe.

The Chief Justice asked the attorneys to submit by May 2nd, briefs on whether the two charges that Valusaga faces  were one and the same instead of two separate offences.

A jury found the defendant guilty of manslaughter and assault in the second degree for causing the death of Namu, the Sa’o of Valusaga’s family.

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