In their closing arguments yesterday the prosecution and defense in the bench trial of former Chief Immigration Officer Peseta Dennis Fuimaono were equally adamant that the defendant was guilty and innocent of the charges.
Independent Prosecutor David Vargas believed that the evidence presented in court, the testimony of Fiu Johnny Saelua and Simeleke Tainafi demonstrated that the law was violated when two individuals were taken by two immigration officers, identified as Jerry Gaisoa and Itai Sataua.
He recounted the events of Dec, 1, 2016 starting from when the woman Simeleke was picked up from the Paopao residence in Leone to when she and her husband, who was picked up from Jen T’s arrived at the wharf,
There, immigration Officer Sam Soliai met with them but they did not board the Lady Naomi, “because they did not have proper documentation,” said vargas,
The prosecutor recalled that Fiu Johnny Saelua clearly testified he approached the defendant, Mr. Fuimaono for help in the problem with the “allegations made by Simeleke” against him.
He said Fiu spoke two times with the defendant and it was very clear that the purpose was to reach out to the defendant to make the “potential criminal charges go away” and to prevent the apprehension of and prosecution of Fiu.
The prosecutor said that same day December 1, 2016 the defendant contacted Fiu and told him that “the couple was on their way to the wharf.”
Vargas said it’s the government’s position that the officers took the couple to the wharf “to ship them back to Upolu.”
He believed the removal of Simeleki Tainafi from the Paopao residence was an attempt of kidnapping.
In addition the activities on the part of the Immigration Office was towards the obstruction of the handling of a government function, and conducted in an attempt to obstruct government operations.
“The conduct that we are talking about here is the attempted removal of Simeleke Tainafi from American Samoa for an improper cover of authority from the office of Immigration,” stated Vargas.
KHJ News observed that the independent prosecutor made a slip of the tongue when he asked the court to examine the victim’s testimony and “come back with a ruling of not guilty to all 3 charges.”
Defense attorney Togiola Tulafono countered that the prosecution failed to connect any act of the defendant, Mr Fuimaono, to any of the incidents that happened.
He said the testimony of Paelo Puni, clearly stated he directed the Immigration Officer designated to work on the case to go out to Leone and pick up the couple so that they can discuss the termination that their sponsor wanted to do. Further, this was done under his own authority and have nothing to do with Mr. Fuimaono.
Togiola said the prosecution failed to make the connection to any of the supposed violations of the statue to the defendant.
He continued that the prosecution also failed to prove beyond a reasonable doubt that the defendant committed the offenses he was charged with.
“The evidence is capricious, the evidence is fragmented,” said Togiola.
He painted the testimony of Fiu Johnny Saelua as doubtful with his “I believe so”,”I think so”.
Togiola said Fiu testified about his motivation, but on cross examination he said he had problems remembering things at his age and can’t recall some things.
In addition. Togiola there was no evidence presented thst connected his client to bringing the couple to the wharf.
He concluded hhis closing statements, “We submit that the prosecution failed to prove beyond reasonable doubt that Mr. Fuimaono is guilty on any of the three counts that are left.”
The presiding panel, Associate justice Fiti Sunia, Chief Associate Judge Mamea Sala Jr. and Associate Judge Tunupopo Alalafaga have taken the matter under advisement.
