IN THE SUPREME COURT OF SAMOA
Police v Afitu [2015] WSSC 150

Case name: 	Police v Afitu	
		
Citation: 	[2015] WSSC 150	
		
Decision date: 	04 May 2015	
		
Parties: 	The Police (Prosecution)
Tapana Afitu, male of Vaitele-fou and Letui Savaii (Defendant)	
		
Hearing date(s): 	-	
		
File number(s): 		
		
Jurisdiction: 	Criminal	
		
Place of delivery: 	Courthouse, Mulinuu	
		
Judge(s): 	Justice Nelson	
		
On appeal from:		
		
Order:	The defendant will be convicted and ordered to pay the following sums of money:  Firstly a fine of $400.  Secondly police costs $50, probation office costs $50 that is a total sum of $100 making his total monetary penalty $500.  That is to be paid by 12:00 noon tomorrow in default he will serve 6 months in prison.  	
		
Representation: 	O Tagaloa for prosecution
Defendant unrepresented	
		
Catchwords: 	-	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:
		
THE POLICE
Prosecution

AND:

	TAPANA AFITU, male of Vaitele-fou and Letui Savaii.
Defendant

Counsel:	O Tagaloa for prosecution
Defendant unrepresented

Sentence:	04 May 2015

SENTENCE
1.	After a defended hearing the court found the defendant guilty of possession of a plastic bag containing marijuana leaves discovered behind the seat of his taxi following a police search of the vehicle at Apia Police Station on 08 November 2014.  Particular facts of this matter are set out in more detail in the courts ruling dated 17 April 2015. 
2.	The defendant has notwithstanding that decision continued to protest his innocence to the probation office.  This is noted in the pre-sentence report.  I can tell the defendant that does not help his case.  The court does not accept that any person would be stupid enough to leave such a quantity of drugs on the floor of your taxi sir in plain view of everyone.  That was the excuse you gave at trial and I again soundly reject it.  
3.	It is fortunate for you that not a large quantity of marijuana was in that plastic packet.  And there was no evidence before me that you were involved in drug trafficking for money.  Because if there was you would be joining that other drug trafficker just sent to prison for 2½ years.  
4.	O lea o le a fa’asao oe mai le falepuipui ona o tulaga na Tapana.  Ae e lelei le tatou ta’ape ua manino le mata o le vai.  A e toe faia se mea fa’apea, toe aumai oe i luma o le tulafono tusa lava po o se afa sikareti mariuana ua leai loa seisi avanoa mo lau susuga.  Ua manino lea tulaga? (Defendant said yes).  
5.	The defendant will be convicted and ordered to pay the following sums of money:  Firstly a fine of $400.  Secondly police costs $50, probation office costs $50 that is a total sum of $100 making his total monetary penalty $500.  That is to be paid by 12:00 noon tomorrow in default he will serve 6 months in prison.  Ua e malamalama i le fa’aiuga o lau mataupu Tapana? (Defendant said yes). 

JUSTICE NELSON