PAGO PAGO MAYOR CONVICTED OF ASSAULT
Involved in fracas outside Pago Pago bar

By La Poasa

PAGO PAGO, American Samoa (Samoa News, April 4, 2008) - A jury acquitted Pago Pago mayor Vila Tufele yesterday of third-degree assault but convicted him on a second similar charge in a case where aumaga policing has come into clash with statutory laws.

[PIR editor’s note: The "Aumaga" are village protectors responsible for peace and security in traditional Samoan society.]

On Oct. 13, 2007 around 11 p.m., Pago residents Siale "John" Rarotoga, 28, and Fereti "Fred" Liliva, 24, got out of a taxi at the parking lot across from Evalani's with a plan to go into the bar. But they didn't go inside immediately; John had a beer with him and he wanted to finish the beer before entering the bar.

While in the parking lot, an acquaintance by the name of "Rambo", who was standing at the door of the bar called over to them, and they exchanged words.

Shortly, several aumaga members approached John and Fred about the noise they were making and a "commotion" then occurred.

John said he was hit by Tufele three times, and then 'jumped' by aumaga members, one of them hit him with a baseball bat. Fred testified that he was punched by Tufele after he tried to "soothe" the mayor's "spirit". Two other government witnesses say they say the mayor struck John with a stick, and then a fight broke out, but later the mayor tried to break the fight.

But two aumaga members who testified for the defense said the mayor did not assault anyone. They say the mayor was trying to break up a fight between the two complaining witnesses and two other aumaga members, who apparently weren't policing village curfew that night. They also say John and Fred made "loud noises" that night when the village curfew was in effect.

Deputy Attorney General Frederick J. O'Brien said in his closing arguments that John and Fred were making noises and what Tufele or the aumaga members should have done was call the police and have the police take John and Fred on a charge of disturbing the public peace. But that was mnot done in this case, he said.

Instead, O'Brien said Tufele took the law into his own hands by assaulting Fred and John.

But Public Defender Tautai Aviata Fa'alevao said in his closing that the government may be right that his client took the law into his own hands, but said the (statutory) law "does not change customs and traditions of Samoa," meaning the role of the aumaga in the village.

He said Tufele was doing his job that night as the village mayor and leader of the aumaga in policing the village during its curfew. He said the aumaga is in essence an extension of the police department, by their duty of public service.

He said John and Fred made loud noises during the village's curfew and aumaga members approached and told them they needed to stop making noises.

Tautai told the jury to imagine this type of behavior occurring in their own village during curfew.

In his rebuttal, O'Brien said he most certainly doesn't agree with the defense that statutory laws do not override certain Samoan customs. He said the aumaga could have detained John and Fred and called the police to come take them away.

"Neither the aumaga nor their leader have the right to administer justice by beating the victims for violating the village curfew," said O'Brien. "The defense attorney has said that 'it may be right that Tufele took the law into his own hands'. Well, that's exactly what he did and exactly why he should be found guilty."

The jury ruled that Tufele struck John with a stick, but didn't think there was enough evidence to prove that Tufele punched Fred in the face, according to one jury member who wished to remain anonymous.

Asked for his reaction to the verdict, Tautai said in our system of laws, we try to pursue what is just. Noting that the initial charges against Tufele included serious felony charges that have been thrown out by the Court, Tautai said the jury "came out with a fair verdict".

Asked for his reaction, O'Brien said: "The jury's verdict demonstrates that this community understands that people are not allowed to take the law into their own hands."

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