Inmates who have completed their jail sentences and are to be deported to Samoa are to depart the territory on the Lady Naomi sailing of March 4th.
So says Attorney General Fainu’ulelei Ala’ilima Utu who testified at a House hearing today, along with Acting Commissioner of Public Safety Fo’ifua Fo’ifua.
The hearing was in response to an inquiry by Rep Avagafono Vaimaga Maiava, a former deputy commissioner of public safety on what the government is doing to help return inmates who’ve completed their sentences and facing deportation orders.
Avagafono said he was concerned the government may be liable if something happened at the Territorial Correctional Facility and the inmates from Samoa are harmed.
There are 6 men and 1 women on the list of inmates whose travel documents are ready. Five others are having their travel papers processed.
Two inmates have been released after their IDs have been renewed. One is the child of a parent born in American Samoa and the other is a permanent resident.
According to the AG, they had planned on returning the first group to Samoa on tomorrow’s sailing of the Lady Naomi. However the CEO of the Prime Minister’s Office, Agafili Shem Leo had requested a delay while they contact the families of the inmates to await them upon arrival in Apia. And they’ve agreed to delay the inmates’ departure until March 4th.
The hearing was conducted by the House Legal Affairs/Judiciary Committee, with Committee Vice Chairman, Rep Vailoata Amituanai, chairing.
Fagatogo faipule Vailiuama Steve Leasiolagi gave the opinion that this situation would not be happening if judges had not added deportation to sentences. He pointed out that the laws spell out sentences for each crime and deportation is not included. He believes the judges do not have authority to add punishment that are not included in the law.
Attorney General Ala’ilima Utu explained that it’s up to the defense attorneys to make it known to the judges that defendants have wives and children who are born here and try to convince the courts not to deport them.
He also said that the judges have the authority to impose deportation and this is usually for felony convictions.
Acting DPS Commissioner Fo’ifua echoed the AG’s comments that the defense attorneys should explain the personal circumstances of defendants to the judges. He said the female inmate on the list for deportation recently lost her son who was electrocuted,
Rep Avagafono who requested the hearing said he was pleased to hear that the government is helping the inmates who’ve completed their sentences return to Samoa.
