The Samoa Supreme Court has overturned a District Court decision to “discharge without conviction” two men charged with causing actual bodily harm to a 21 year old male who later died in November 2019.
Samoa Observer reports the two, Sergeant Khamtahn Stanley and Ulugia Lomalasi Laufili, had pleaded guilty to the charges in the District Court and were given the discharge without conviction decision by District Court Judge, Mata’utia Raymond Schuster last December.
However, yesterday Supreme Court Justice Lesatele Rapi Va’ai accepted the appeal by the Attorney General’s office, represented by private prosecutor Leinafo Taimalelagi Strickland.
The AG’s Office argued that the judge erred in law and facts in the overall assessment of the relevant circumstances giving insufficient weight to the aggravating features of the offending.
Justice Vaai agreed with the private prosecutor noting that the offending by the defendants was serious.
“The offending by the first respondent [Mr. Stanley] lasted 27 minutes,” he said in his judgement.
“There was deliberate punching and kicking even when the victim was lying helpless on the floor. Assault was obviously distressing and frightening.”
Justice Va’ai said that bodily harm was intended.
The men will be sentenced on Monday 26 September and their bail is continued.
