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Supreme Court of Samoa

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Police v Vitale [1999] WSSC 14 (6 August 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA


BETWEEN:


POLICE
Informant


AND:


ELETISE LEAFA VITALE
of Malie
Defendant


Counsel: Ms B. Heather & Mr G. Latu for Prosecution
Mr P. Fepuleai for the Defendant


Hearing Date: 6 August 1999
Sentencing Date: 6 August 1999


SENTENCING REMARKS OF WILSON J.


This is the first mentions hearing in the Supreme Court of a Murder Charge against an accused. Understandably these proceedings are of a public interest. A careful consideration has been given and continues to be given in two matters of personal safety and public safety. I make it clear that safety and security and the need a need for its hearing to the law are all matters of fundamental importance. And every effort will be made and continued to be made to ensure the safety of all person including the accused the security of this court and all having lawful reason to be here.


Madam Attorney I have in mind in view of that intimation to decide whether to indicate that the accused stands now convicted of murder.


The accused now stands convicted of murder. According to the law of the Independent State of Samoa and in particular, according to the Crimes Ordinance 1961, you Eletise Leafa Vilate of Malie, I hereby sentenced to death and to that end, it is pursuant to s.120 of the Criminal Procedure Act 1972.


The sentence of the Court that you shall suffer death in the manner prescribed by law.


Let the prisoner be taken.


Justice Wilson


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