Bench warrant issued for woman who fled the territory while on probation

Pago Pago, AMERICAN SAMOA — A woman who was scheduled to appear in High Court this week for a disposition hearing has allegedly fled the island. According to a verbal statement from the Chief Probation Officer (CPO) presented to the court this week, a movement profile from the Immigration Office confirms that Musu Failauga departed the territory on Jan. 21, 2019.

Failauga’s disposition hearing was continued from Dec. 3, 2018 to Feb. 4, 2019, after the court granted a recommendation from prosecutor, Christy Dunn, to continue the hearing for another time, so the court can monitor her actions - whether or not she is going to comply with conditions of her probation.

When Failauga’s case was called before Chief Justice Michael Kruse this past Monday, the defendant was not present in court.

“Where is your client?” Kruse asked. Assistant Public Defender Michael White replied, “It’s my understanding that she left the island."

According to White, no reply was received from Failauga when the PD's office staff tried to contact her via the phone number she provided them.

Kruse immediately issued a bench warrant for Failauga's arrest. He then asked the CPO what information he has regarding the defendant.

Malcolm Polu stated that according to an email he received from the Immigration Office, the defendant left the territory last month.

Polu recalled that Failauga appeared in court Dec. 3, 2018 for a disposition hearing after she admitted during an Order to Show Cause hearing (OSC) in November that she violated conditions of her 5-year probation.

Polu said Failauga was not in compliance with the court order that she attend and complete substance counseling.

BACKGROUND

The government’s case against Failauga stems from an Aug. 13, 2018 incident whereby she went to the Tafuna substation to speak with police and ended up being arrested for public peace disturbance following a verbal altercation with a female cop.

When police conducted a search, they found in Failauga’s bag, a piece of paper wrapped around marijuana, and a pipe used for smoking meth. She was then charged with possession of an illegal substance.

In the bag, according to court information, police also found a checkbook in the name of A&E Corporation as well as proof that a $180 check from the checkbook had already been cashed by the defendant at a store in Nu’uuli on Aug. 3.

Under a plea agreement, the defendant pled guilty to marijuana possession and in return, the government agreed not to file any charges against her for signing the $180 check and cashing it at a Nu’uuli store.

The government also agreed that it would argue for Failauga to repay the $180 to the store involved, as part of any court sentence.

Failauga was sentenced to 5 years probation.