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Holiday Events Th e nine contestants of the 31st Miss Pacifi c Islands Pageant being held in Nadi, Fiji this week. Th ey are pic- tured here aft er attending a Sunday service at the Interna- tional Full Gospel Church in Nadi. Miss American Samoa, Matauaina Gwendolyn To’omalatai is seen second from right. Read story inside for details. [photo: MPIP] C M Y K PAGO PAGO, AMERICAN SAMOA WEDNESDAY, DECEMBER 6, 2017 $1.00 Christmas Countdown: 19 Days HOLIDAY EVENTS Jury trial continues today brought to you by for alleged drug dealer DEFENSE ATTORNEY BASHES THE CREDIBILITY OF THE DPS INVESTIGATING OFFICER by Ausage Fausia way he conducted his investigation. Fiaui also Samoa News Reporter provided a brief history of his client, Nicole. The jury trial of an alleged drug dealer, who PROSECUTOR’S OPENING REMARKS was charged last year with one count each of Pengelly, who referred to the fa’afafi ne defen- GET A BIG DEAL unlawful possession of methamphetamine and dant as a ‘he’ during court proceedings, told the unlawful distribution of methamphetamine — jury, that the case is all about drug possession and both felonies — began yesterday in the High drug dealing. He said the government intends to Court. call six witnesses who will provide testimony Falaniko Stowers, who is also identifi ed as during the trial. ON A BIG MEAL! a fafafi ne in court documents — aka Nicole, is The government claims that in Nov. 2016, the 19 MORE DAYS ’TIL CHRISTMAS still in custody, unable to post a $10,000 surety defendant knowingly possessed meth. The prose- — WOW —TIME IS RUSHING BY. bond. A six-member jury — four females and cutor said the evidence will prove that the reason Not to mention the crowded stores, heavy traffi c, and the last two males — was selected on Monday. Stowers was in possession of drugs was because minute shopping for Christmas Parties, church gatherings, and During opening statements, prosecutor he was engaged in the business of selling meth. secret Santa’s. Woodrow Pengelly explained to the jurors, what Pengelly assured the jury that the govern- You need to relax. And where better than at Krispy Crunchy the government is calling the “facts of the case”, ment’s fi rst witness, who is the defendant’s Chicken with its Christmas Specials happening right now. while Public Defender Douglas Fiaui provided neighbor, will testify that he saw vehicles and Check out the 12 dos of Christmas Specials and enjoy the $2 background of the investigating offi cer and the (Continued on page 7) Chicken Sandwich special. The $3 Special comes with a Chicken sandwich and drink. The $4 Special comes with 2 chicken sand- wiches and a drink. Conditions apply. Still hungry? No Problem. The $5 BIG meal deal guarantees a BIG DEAL on a BIG MEAL! The Big Meal consists of 3 cajun tenders, a choice of a side dish, dipping sauce, a honey butter biscuit and a drink! Yes. All that. Con- ditions apply. Still not sure what to buy for that special person on your list? Krispy Crunchy Chicken is also having a Christmas Sale on Spirit Prime phones! Yes you read right. Phones. The SPIRIT PRIME features a bold design with gold details. C M Stacked internal components allow a mere 7.3 mm thin construction Y K and a curved, ergonomic shape that fi ts your hand with natural ease. A Spirit Prime Phone with these amazing features - 4G LTE Quad Band, Dual Sim with a Corning Gorilla Glass 3 touchscreen, 5.5, LCD, 1280x720 pixels, Fingerprint Identifi cation, Octa Core CPU, LED Flash, 1MP-8MP camera, Global Unlocked. Buy 1 for $119.00 and get a $5 KKC gift Certifi cate. BUY 2 for $199 and get a $10 KKC gift Certifi cate. Offer is good while supplies last. Conditions apply and Gift Cer- tifi cates are redeemable only at Krispy Crunchy Chicken in Nu’uuli. Spirit Prime Phones. Quality at an affordable price. These amazing Christmas Specials are on-going now until December 24th at Krispy chicken in Nu’uuli. Krispy Crunchy Chicken Gift Cards are also available for that (Continued on page 8) During the Matafao Elementary School, Grade 8, Samoan Day celebration, on Th ursday, Nov. 30, 2017 — students doing the ‘sasa’ — a traditional Samoan dance. [photo: Leua Aiono Frost] Page 2 samoa news, Wednesday, December 6, 2017 Tofaeono asking for reconsideration in court decision on CCCAS case by Ausage Fausia associated with his election as been inconsistent in regards Samoa News Reporter General Secretary and … to to saying it does not have the Rev. Amaama Tofaeono and suspend him operated as a de constitutional authority to rule, his wife Joan Aleluia Tofaeono, facto removal on his ordination and then interprets the structure through their attorney, Charles as a minister and consequently and authority in the CCCAS to V. Ala’ilima, are asking the disqualifying him as General make its rulings. Trial Division of the High Court Secretary.” As such, the court has now to reconsider its Oct. 2nd deci- Defendants’ believe there reduced the ongoing case sion — dismissing their tort were errors in the court’s simply to common law and con- claims against the individuals fi nding and legal conclusions stitutional libel claims. named in their suit, saying the on these issues. It has dismissed its authority court has mistakenly deter- According to the defen- to review on any issues relating mined that CCCAS and indi- dants, “The court determined to church structure and organi- vidual defendants “were one that the individual counter- zation in so far as it relates to and the same” — and that these defendant and the CCCAS were Amaama’s ordination as a min- individuals are not ‘personally’ one and the same and therefore ister of his continued employ- liable. there was no third-party actor ment as the elected General Tofaeono and his wife Joan who could interfere with an Secretary. were named as defendants in employee claim. PLAINTIFFS’ MOTION a complaint fi led by the Con- “While the court could prop- Attorney for the plaintiffs, gregational Christian Church erly dismiss the CCCAS from a Gwen Tauiliili-Langkilde stated of American Samoa (CCCAS) tortious interference with con- in her opposition motion that in May of this year, when tract counter-claim, it would not reconsideration is appropriate if Tofaeono refused to vacate the be appropriate to dismiss the the trial court is presented with CCCAS housing he and his wife individual defendants from per- newly discovered evidence; occupied, after his ministerial sonal liability at least until there committed clear error or the duties, including his CCCAS is a clear fi nding supported on initial decision was manifestly General Secretary post, were the merits that they were in fact unjust, or, if there is an inter- suspended for a certain amount acting within the scope of their vening change in controlling of time. CCCAS authority. the law. (See Samoa News, Monday, “If the court is unable to In fact, she says, it is not alto- Dec. 04, 2017 issue for report make the distinction from the gether clear what the defendants on the court’s dismissal of the pleadings as presented, it would are asking the Court to recon- defendant’s tort claims) be more appropriate at this stage sider. Plaintiffs state the defen- MEMORANDUM of the proceedings for the court dants did not show any facts to According to the defendants’ to grant time to amend that support a plausible claim against motion, the court has already pleading to ensure clarity as to plaintiffs Mamoe, Aofi a, and issued its declaratory fi ndings the personal capacities in which Faalevao as agents of CCCAS. that Amaama Tofaeono was an the individual defendants are Furthermore, having failed to at-will employee of CCCAS being sued.” seek to amend their pleading and had been discharged from INTERLOCUTORY prior to this Court’s ruling, they his post as General Secretary APPEAL should not now be allowed to of CCCAS, elected to a four- The defendants’ appeal amend their pleading. year term by the CCCAS Gen- addresses both the jurisdictional SLANDER eral Assembly by virtue of his issue of whether this dispute It should be noted that on the subsequent suspension as a over the occupancy of the struc- issue of slander, the Court said minister, issued by the CCCAS ture was appropriately before Amaama’s assertions meet the Elders’ Committee. the court and on the merits of pleading standard for slander “These declaratory fi ndings whether the court’s declara- and that’s why the plaintiffs’ and conclusions arising from tory fi ndings and legal conclu- motion to dismiss the counter such fi ndings are the subject sions relevant to Amaama’s claim for slander is denied. matters of defendants’ appeal employment and division of Amaama claims that the of the summary eviction order authority under the CCCAS same slanderous statements of the Court.In dismissing the constitution were correct.The made by the plaintiffs — that he defendant’s contractual tortious defendants believe the court’s was unfaithful and/or abusive interference counter-claims order dismissing the two coun- to his family — also violate the against the plaintiffs the court terclaims relate to the context dignity of the individual clause appears to be re-enforcing the of constitutional deference of the Constitution. The Court declaratory fi nding and conclu- granted by courts of religious agreed and for that reason, they sions it reached earlier that the corporate authorities and con- denied the plaintiffs’ motion defendant, Amaama, has no tractual employment rights. It to dismiss the defendants’ contractual employment rights says in its rulings the court has counter-claim.
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