Inappropriate touching case refiled

Pago Pago, AMERICAN SAMOA — In an update regarding the dismissed case of the public school teacher, who was facing 15 criminal counts after he was accused of inappropriately touching female students, the case has officially been refiled.

Senetenari Malele’s initial court appearance was on Apr. 3, 2023, with his preliminary hearing (PX) set for Apr. 13, 2023. At his PX, the case was dismissed without prejudice; and on the following day, Apr. 14, 2023 the case against him was reportedly refiled.

Malele is represented by private attorney, Marcellus Uiagalelei.

Information received by Samoa News from a reliable source indicates that the case was dismissed due to a technicality — during one phase of the PX, the victims were not asked to identify the defendant in the room.

According to court documents, the case stems from when a 7th grade female student reported alleged inappropriate touching incidents on Mar. 29 to the police, with her mother present. The incidents allegedly occurred at Pavaiai Elementary School and involved a male teacher, Senetenari Malele.

The 7th grader allegedly told police that Malele has been touching her inappropriately in class during school hours.

Court documents allege that the first incident occurred on Mar. 13 and took place in the classroom. The police report quotes the girl saying, “He grabbed her by the waist using his right hand and pulled her towards him when she stood next to him.” He then touched her inappropriately, and “asked her if he should stop what he was doing or not.

“She was afraid to put a stop to it because she feared that it would cost her, her grades, so she didn’t say anything,” the report says.

The second incident was reported to have occurred on Mar. 24 where much the same thing was alleged to have taken place. This time the 7th grader told a friend who said the same thing had also happened to her and on Mar. 27 the girl told her homeroom teacher who allegedly reported it to school authorities.

The police report indicates there were allegations that at least 6 female students were allegedly inappropriately touched. The police report includes statements from three other girls who along with their parents were interviewed in regard to the allegations.

It also includes an account from one of the girls saying that she and other classmates saw several incidents involving the 7th grader, who had first reported the incidents of being inappropriately touched and sexually harassed.