Mosese Lomu used to be a watch commander at the Territorial Correctional Facility. Today chief Justice Michael Kruse sentenced him to 28 months behind bars of the same facilikty that he used to supervise.
His crime was that he covered up the escape of what the Chief Justice described as “one of our more dangerous inmates” who left the TCF and shot another man in Leone two years ago.
Chief Justice Michael Kruse said it was not lost on the court that as the supervisor at TCF that night, Lomu did not take leadership and influence the guards under his supervision to comply with the oath that they took.
Instead he used his authority to try and get them to cover up for what happened. He said fortunately the young cops didn’t follow his instructions to cover up but instead helped the prosecution. Kruse noted that while these young cops were not prosecuted some lost their jobs.
The Chief Justice also wondered what the cover up was worth to the defendant.
He said it was apparent from the pre-sentence report that the government had spent a lot of resources in educating the defendant and grooming him for his chosen career at the Department of Public Safety.
He has attended several trainings and received a lot of commendations. But this was all for naught, said Kruse. Recalling the words of the prosecutor, Assistant Attorney General Doug Lowe at the beginning of Lomu’s trial, “this was a cover up and in many instances a cover up is worst than the underlying offense.”
A jury convicted Lomu of one count of criminal fraud and acquitted him of tampering with a witness.
Kruse said as he weighed the testimonials of Lomu’s faifeau, his history as a police officer and lack of prior criminal history, he wondered what the cover up was worth to the defendant.
A sobbing Lomu pleaded with the court to forgive him, he has done wrong and is deeply sorry for his error. He vowed that this will be his last time to come before the court.
He begged for a chance to start anew and let his experience be an example for his children and the youth of Fagatogo. He also begged for forgiveness from his family, his children, his church and village for the embarrassment he has caused
His attorney, Assistant Public Defender Ryan Anderson requested a probated sentence pointing out that Lomu did not commit a crime of violence and he was not a danger to the community. Instead he is a well respected member of his church and family and throughout his case he has demonstrated himself as law abiding. He has not missed a court date and obeyed all court directives
“He deserves a second chance,” pleaded the defense attorney.
Prosecutor Assistant Attorney General Doug Lolo also supported a probated sentence.
Kruse, flanked by Associate Judges Faamausili Pomele and Muasau Tofili sentenced the former officer to 7 years imprisonment, execution of sentence is suspended on condition that he serve 28 months in prison without release.
He is also fined $5,000. Kruse gave strict instructions to the warden that Lomu is not entitled to trustee status.
