Convicted felon Mosese Lomu’s pardon remains unclear

Pago Pago, AMERICAN SAMOA — The status of the potential pardon for Mosese Lomu, the former watch commander at the Territorial Correctional Facility (TCF), remains unclear. Lomu, a convicted felon, currently serves as Deputy Director of the Department of Search and Rescue (SAR).

In January 2020, Lomu was sentenced by Chief Justice Michael Kruse to 28 months in the same facility he had formerly overseen. The Samoa News has made numerous attempts to secure comments from both the Governor's office and Lomu, but these efforts have been unsuccessful. 

Earlier this year, Lomu was appointed Deputy Director after the Governor appointed Utumoe Alefosio, a former police officer, as Director of SAR. Lomu's criminal conduct involved concealing the escape of an inmate described by the Chief Justice as "one of our more dangerous inmates," who fled TCF in 2018 and subsequently shot another individual. 

Lomu was the Master of the Ceremony for the recent groundbreaking ceremonies for the Department of Search and Rescue, and he announced as the Deputy Director. 

Chief Justice Michael Kruse noted that on the night of the escape, Lomu, in his capacity as supervisor, failed to demonstrate leadership and did not guide the guards under his supervision in upholding their oaths. Instead, he attempted to use his authority to instruct them to conceal the events. Fortunately, the young officers did not follow his directives and instead aided the prosecution. The Chief Justice acknowledged that while these officers faced no charges, some did lose their employment.

Kruse questioned the implications of the cover-up for Lomu, noting that the pre-sentence report indicated the government had invested substantial resources in educating and developing him for a career within the Department of Public Safety. Despite his participation in numerous training programs and receipt of multiple commendations, Chief Justice Kruse deemed these efforts ultimately futile. 

In 2019, a jury convicted Lomu of one count of criminal fraud but acquitted him of tampering with a witness. In considering testimonials from Lomu’s faifeau (pastor), his history with the police, and his lack of prior criminal convictions, The Chief Justice expressed hesitation about the relative weight of the cover-up against Lomu.

At the time, Chief Justice Kruse sentenced Lomu to 7 years in prison, with the execution of the sentence suspended contingent upon completion of 28 months of incarceration, without the possibility of early release. 

During sentencing, Lomu was also fined $5,000, with explicit instructions to the warden that he would not be eligible for trustee status upon completion of his sentence at the Territorial Correctional Facility.