Eighty five year old discharged without conviction
By Unumoe Esera
APIA: Thursday 21 June 2012: An 85 year old leading orator of Afega village who threatened to kill the Editor of the Samoa Observer Savea Sano Malifa is a free man after the District Court discharged him without conviction on one count of threat to kill.
Fata Pemila Young’s charge originated from an incident that took place seven years ago.
The incident involved Savea, the complainant in this matter whom Fata threatened to kill. Seven years later, the matter was finally
called before the Court and defense counsel Tima Leavai addressed the genuine motive behind the complaint.
Ms Leavai told the Court that Savea’s claim that he was afraid is unbelievable. Leavai said that if Savea was afraid, he would have
lodged the complaint seven years ago not seven years later.
In defense, Leavai noted the status of Tu’ua that Fata Pemila holds in the village and his long service to the Government. He renders good serves to the village and church.
Fata had also admitted that he issued the threat but did it in retaliation to Savea’ s action of pulling down his (Fata) Samoan faleo’o.
Fata believed that Savea had shamed him (Fata) infront of the village. The probation officer who dealt with Fata spoke highly of him.
Leavai also asked the Court to consider Fata’s age and the time frame of the incident and the court hearing on Wednesday this week. Leavai also told the Court that the relationship between the two men “is not as strained as before.”
Judge Mata Tuatagaloa in sentencing told Fata that he was not getting any younger and that people of his age should be in the
forefront of keeping the peace within families and the village.
Prosecution (police) was ordered to pay $500 cost of fees to the defendant.