Young Mother sentenced to 11 years in jail over 1 year old daughter’s death

Samoa’s Court House, Mulinu’u.

By Lagi Keresoma

APIA, SAMOA – 31 MARCH 2021: A young mother from Savaii was sentenced to 11 years in jail today after pleading guilty to the death of her 1 year old daughter.

“This is a tragic case of a mother killing her own child,” were Justice Vui Clarence Nelson’s opening remarks in passing sentence.

The Offence
The offence happened on the 29 May 2019, and in her testimony, the mother recounted the events of the day that led to her daughter’s death.

After bathing her 1 year old daughter, she put her to sleep then went about with her domestic duties as she was expecting visitors later that day.

The baby cried and the mother fed and put her back to sleep.

The second time the baby cried, the mother in anger took up a broom – salu lima and hit the baby twice. The baby continued to cry which prompted the mother to throw her daughter across the house.

She was shocked to see the baby’s weakening condition, and then rushed out to get a car to take the baby to the Tuasivi hospital.

The baby died on the way to the hospital but still the hospital staff tried to resuscitate the baby.

Because she died outside of hospital, a post mortem was called and the pathologist report painted a different picture from what the mother had revealed in her testimony.

Pathologist revelation shocked the Court
The pathologist’s report stated that the young child had been abused not once, not twice but many times and that she was severely underweight and malnourished.

Evidence also showed multiple injuries and bruises to the head, torso upper and lower limbs on the child’s body and lacerations on her face.

There were also evidence of a fractured skull which caused the bleeding of the brain and broken bones.

The report also revealed that some of the injuries were old and were gradually healing.

The pathologists’ conclusion was that the child had been abused and suffered many injuries before she succumbed to the final assault which ended her short life in 2019.

“Your children are better off without you,” says Court
The pathologists report prompted the Court to consider the safety of the young mothers other 2 children under Article 15 (2) of the Family Safety Act.

“I fear for your other children and the Court will ensure that you will not have contact with them until they reach maturity age or when the Court sees that you have completed a counselling program,” said Justice Vui.

Justice Vui pointed out the horrible situation the children must have been witnessing their mothers action on their younger sibling. And it could have been worse if the mother did not plead guilty because the children would have been as witness against her.

“The children are better-off without you,” said Justice Vui.

The Sentence
The Prosecutor asked for 15 years as a starting point for sentence and the Court agreed, however, several months were deducted from 15 years due to the positive sides surrounding the case.

As a first offender, 3 months was deducted and 1 year deducted from the traditional apology conducted not only on her family but also the family of her husband.

Six months was deducted from the fine paid to the village and 2 years deducted from pleading guilty which saves the Courts time and resources for a hearing.

The total number deducted was 3 years and 9 months and the penalty came down to 11 years and 3 months.

However the Court decided to round it off to 11 years and also to deduct the number of days in custody from the final sentence.

A further order was made in the interest of justice regarding the children that there will be no more contact between the mother and her children.

There was also a suppression order not to identify the victim, defendant and the village where the incident happened.

There were letters presented to the Court in support of the mother, but the Court pointed out that the authors of these letters would have thought twice if they knew what was in the pathologists report.

The young mother stood in the dock, tears streaming down her face as the Court read out the sentence. Outside Court her family and mother holding her month old baby tried to comfort her as her other child ran around her smiling, ignorant of what was happening.