Criminal charges against Governor’s Chief of Staff filed on Monday

Pago Pago, AMERICAN SAMOA — After a long period of investigation, criminal charges against the Governor’s Chief of Staff, Fiu Johnny Saelua were finally filed in District Court this week Monday by the Independent Prosecutor (IP).

Sources told Samoa News that following the case being filed in court, Fiu made his  initial appearance before Judge Fiti Sunia on Monday around 3p.m.

Fiu is represented by private attorney Marcellus T. Uiagalelei, while prosecuting the government’s case is private attorney David Vargas, who was appointed by the court to be the IP.

Samoa News understands the defendant is charged with 1st degree sexual abuse, a class C felony, along with second degree sexual abuse, a class A misdemeanor.

Samoa News should point out that since Fiu’s initial appearance was not on the court’s daily calendar, no one from the media, including Samoa News, was present during the hearing and efforts to obtain the affidavit for the case have not been successful.

IP Vargas further refused to comment on the case or the apparent ‘secret’ appearance  when Samoa News contacted him on the phone yesterday morning.

Vargas’ response to Samoa News via phone was, “Sorry, I don’t know what you are talking about. You need to talk to somebody who is involved in that case.”

Samoa News asked Vargas wasn’t he the court appointed  IP for Fiu’s case? He replied, “I can’t comment about the case. You know my procedure.”

A source told Samoa News that Vargas is scheduled to appear in court today at 3p.m for Fiu’s preliminary examination (PX).

It’s not clear why the court held Fiu’s initial appearance on Monday afternoon, around 3p.m, as the court normally conducts initial appearances for any person facing criminal matters in the morning.

It is also unclear why it was not listed on the official daily court calendar, which is again a ‘norm’ for these types of court appearances.

BACKGROUND

The allegations of sexual misconduct first came to light back in 2016 when a case was filed against Fiu by one of his family members — a woman who had been living with Fiu’s family since birth.

The allegations came to the fore early 2016 when the woman and her husband were said to be rounded up by Immigration agents in an apparent attempt to send them to Samoa on the Lady Naomi.

An immigration officer processing passengers that day, upon learning that the woman was born here, and therefore could not be deported, contacted victims advocate Ipu Lefiti, and the couple’s forced departure was prevented.

The case continued to be under investigation by the Department of Public Safety for several months and many in the community were asking if the case would ever make it out of DPS.

Then last year, the High Court appointed Vargas as the Independent Prosecutor to handle the possible criminal case against Fiu.

In the middle of last year, Samoa News spoke to the Attorney General regarding the criminal case against Fiu and House Speaker, Savali Talavou Ale.

At that time AG Talauega Eleasalo Ale confirmed to Samoa News that his office had received the case against Chief of Staff Fiu as well as that of House Speaker Savali Talavou Ale.

Flu’s initial appearance on Monday is the first time since last year that Fiu’s case has once again come into public view, while the Speaker’s case, which pertains to a vehicle imported under his name, in which alleged ammunition and drugs — marijuana — were found, is still unknown, with no indication if the case has been dismissed or is pending.