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Police v Solomona [2015] WSSC 100 (14 September 2015)

IN THE SUPREME COURT OF SAMOA
Police v Solomona [2015] WSSC 100

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

LAFI SOLOMONA male of Tufulele and Salepouae Saleimoa
Defendant

Counsel: B Lo-Tam for prosecution
Unrepresented

Sentence: 14 September 2015

S E N T E N C E

1. Defendant appears for sentence on the charge of intentional damage. It appears from the summary of facts that you have been selling vegetables and other items on the day in question. You then waited for a bus to catch to go home by Farmer Joe, but you were not supposed to catch a bus there as that is not a bus stop.
2. But you did manage to get on the bus so the court presume the bus did stop to pick you up but when you got on the bus, the bus driver got angry and told you off for getting on the bus. An argument then pursued between you and the bus driver. But then the supakako (bus assistant) of the bus decided to join in and took side with the bus driver. And when the bus finally arrived at the Fugalei market, the bus driver swore at you and chased you out of his bus. It was then that you went out of the bus, picked up a rock and decided to aim the rock at the bus. You struck the windscreen which shattered as a result.
3. I am told through the probation report that two men from the bus then got out of the bus and assaulted you. Now I have read the probation service report and it seems to me that you have very limited education. I am told that you left school at Year 7. It is suggested by the Probation Service that you may be somewhat retarded, that is, not a normal person. In fact the probation service report says that sometimes you suffer from epileptic attack.
4. However despite that you seem to impress the court. You are quite a character, you grow vegetables, as well as making of handicrafts and sell them for a living. Unfortunately there is something somewhere there which may trigger and cause you to get a bit off-hand. It is no wonder that the probation report suggests that you are suitable for community sentence and I agree with that.
5. For this offence you are convicted and placed on Probation for 12 months. I will not call for restitution as the complainant has specifically written that he does not seek any restitution from you. As conditions of your probation, you will do 20 hours community service and attend any programme that service may direct you to do.

JUSTICE VAAI