Appellant argues the Judge erred in his decision

By Lagi Keresoma/

Apia, SAMOA – 17 June 2024 – The Police who are appealing District Court Judge Loau Donald Kerslake’s decision in sentencing convicted drug defendant Pu’eleo Junior Sefululua, argue that the judge erred in many ways.

Judge Kerslake fined Pu’eleo $3000 for two confirmed charges despite the amount of drugs involved.

At the time of the offence, Pu’eleo was an employee of the Ministry of Customs.

Methamphetamines concealed inside food packages
Towards the end of 2020, the Ministry of Police and Ministry of Customs conducted a joint investigation into two consignments of goods brought in by a container ship.

The investigation found the drug methamphetamines concealed inside packages of food, washing powder and container jars.

The total weight of the drugs found was 904.2 grams which is considered very high. The name on the consignments was Pu’eleo hence the charges which he pleaded not guilty to.

The hearing finally took place in December 2023 and accused was found guilty of the charges.

On 9^th February 2024, Judge Kerslake delivered the sentence of $1500 fine for each of the two charges, he was convicted and fined $3000 to be paid within 14 days or imprisonment for 6 months if he failed to pay within the allocated time.

The Appeal
The appeal was heard by Chief Justice Satiu Simativa Perese and the Assistant Attorney General, Lupematasila Iliganoa Atoa laid down the grounds of the appeal against Judge Kerslake’s decision.

Lupematasila submitted that:

• The Judge erred in law and in fact in not taking into account sufficient weight to all relevant aggravating features of the offending at sentencing;
• The Judge failed to determine a starting point for the sentence imposed having regards to the purpose and principles of sentencing;
• He erred in the assessment of the facts of sentencing relating to the finding that the Respondent did not have knowledge of the methamphetamine which was discovered in the consignment as it was not raised or proved by the Prosecutor’s evidence produced at trial;
• He erred in his finding that despite the aggravating features of the offending which is the total quantity of the methamphetamine found in the consignment weighed at 904.2 grams, the absence of knowledge and intent significantly reduced the Respondent capability to warrant a departure from the guideline bands;
• He failed to give proper weight to the paramount consideration of denunciation and deterrence by the sentence imposed.

“The sentence imposed against the Respondent is manifestly inadequate or unjust having regards to proper and robust evaluation of all surrounding circumstances of the offending,” said Lupematasila.

There have been drug cases with less quantity of drugs found but were still sentenced to serve time in prison, however, despite the high quantity involved in this case, Pu’eleo escaped a custodian sentence hence Lupematasila’s argument.

Counsel for the Respondent Lucy Ofoia argued that the judgement was appropriate and was within the law.

The decision is reserved.