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Police v Torres [2025] WSSC 3 (5 February 2025)

IN THE SUPREME COURT OF SAMOA
Police v Torres [2025] WSSC 3 (5 February 2025)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

ARIANNE FAE TIMBLIQUE TORRES, female of Philippines, Nu’uuli American Samoa and Matautu.

Defendant

Counsel: L. Taimalelagi-Strickland for prosecution
Q. Sauaga for the defendant

Sentence: 05 February 2025

SENTENCE

1. The defendant has pleaded guilty to two (2) charges. Firstly that at Faleolo International Airport on 6^th July 2024 she had in her possession four small clear plastic bags containing methamphetamine weighing 0.83 grams contrary to the Narcotics Act 1967. The second charge is that same date same place same time she was found in possession of one unlawful ammunition namely a 44 Remington bullet not being authorised to possess said ammunition and contrary to the Arms Ordinance 1960.
2. The Police Summary of Facts has been accepted by the defendant through her lawyer and states:
   • “The defendant is a 36 year old female of Nu’uuli Pagopago, American Samoa and the Philippines married and without children. She is a Filipino citizen but is ordinarily resident in American Samoa. She was at the time employed as a Teacher in the American Samoa Department of Education.
   • On the afternoon of Friday 05 July 2024 she arrived into the country from American Samoa, transiting from American Samoa to the Philippines. She spent the day with a friend to await her outgoing flight to Fiji on the morning of Saturday 6^th July 2024 at 5:00am.
   • At about 3:00am of Saturday 6^th July 2024, she checked in and made her way through the departure gate to board her flight. She reached the security checkpoint and placed her carry-on luggage onto the x-ray baggage scanner (“the scanner”). The defendant’s luggage included a large black backpack which contained her laptop and other personal items.
   • When the defendants backpack went through the scanner, the machine detected a bullet shaped object inside the backpack. The defendant was pulled aside by one of the officers stationed at the scanner and a search of the defendants backpack was conducted. The officer was unable to locate the bullet shaped object and the backpack was returned to the scanner to be re-scanned.
   • When the backpack was scanned a second time, the same bullet shaped object was detected again. The same officer was instructed to search the backpack again in the presence of the defendant. Again, the officer was unable to locate the object. The backpack was returned to the scanner to be re-scanned a third time.
   • Upon the third scanning for the backpack, the same bullet shaped object was detected. This time, two officers were instructed to search the backpack. When the officers searched the backpack, they noticed a small concealed pocket inside one of the larger zipped sections of the backpack. When they searched the pocket, they found a zip lock bag containing a single bullet (44 rem mag) and the four smaller zip lock packets containing methamphetamine (weighing in total 0.83 grams).
   • The defendant was then taken to the security office base and the Faleolo Police were alerted. The Police arrived shortly afterwards and the defendant was escorted to the Faleolo Police station where she was cautioned, interviewed and formally charged.
   • On Thursday 19 December 2024, the defendant vacated her not guilty pleas to both charges and guilty pleas were entered.
   • The maximum penalty for the offence of being in possession of narcotics (methamphetamine) is life imprisonment. The maximum penalty for the offence of being in possession of unlawful ammunition is a fine not exceeding 100 penalty units or five (5) years imprisonment or both.
   • The defendant does not have any previous convictions in Samoa. However, a background check of the defendant in American Samoa was conducted revealing minor traffic violations over 5 years old.”
3. The defendant from what I have read is she is a well-educated young lady and Madame it is beyond me how you thought taking a metal bullet through the airport security scanner would escape detection. The bullet was well concealed in a special pocket in the back of your backpack. It was difficult to detect and the security officers had to scan your bag three times before these prohibited substances were located.
4. There is no evidence before the court supporting your assertion that you were ignorant of the contents of your backpack thus the court does not accept that. But the court does accept the submission of both your lawyer and counsel for the State and Police that a non-custodial penalty is appropriate for your case. You were smuggling these out as opposed to importation. Also because of the very small quantity of narcotics involved of less than 1 gram and also because you have pleaded guilty to the charge and avoided wasting the courts time, your clean record and your obvious remorse at your behaviour in this matter. So we will not be sending you to jail today.
5. But the quantum of the fine that the court will impose Ms Torres needs to hold you accountable for what you did and must continue to send a strong clear message to every one of the seriousness of what you did and how this kind of behaviour will not be tolerated in this country. The security officers at Faleolo Airport are to be indeed commended for their vigilance in detecting this matter.
6. I propose to follow the approach taken by this court in Police v Afamasaga [2018] WSSC 118. And in doing so impose the following monetary penalties: firstly for possession of less than 1 gram of methamphetamine you will be convicted and fined $2,000.00. In addition, you will pay Prosecution costs of $500.00, Probation Service costs of $200.00 and Court costs of $300.00. As agreed upon by counsels, that $3,000.00 has to be paid within four (4) weeks of todays date. If it is not, then you will serve 6 months in prison.
7. In relation to the second charge of possession of a 44 caliber bullet you will be convicted and fined $500.00. You will also pay Prosecutions costs of $300.00, Probation Service costs of $100.00, Court costs of $100.00, that is an extra $1,000.00 also payable within four (4) weeks as agreed by counsel, in default of payment you will serve 3 months in prison.
8. So what this amounts to is the $4,000.00 must be paid within 4 weeks or beforehand, in default of payment you will serve 9 months imprisonment.
9. Of course you will have to remain in country pending payment of these funds and your travel documents will continue to be held by the Registrar of the Court until the monetary payments are made. But once the payments are made it is the recommendation of this court that your entry visa be cancelled by the Samoa Immigration Authorities and that you immediately be required to leave Samoa on the first available flight. Once it is paid you are gone. And if you are allowed back into this country and you come before this court on anything like this in future, be assured you will be looking at something completely different from monetary fines. Are we clear on that? (Defendant: Yes)

SENIOR JUSTICE NELSON