Attorney General, Aumua Ming Leung Wai, has disputed a report that the Youth Court was only ever used for the first time in its sevenyear existence recently.
In an email to the Samoa Observer, Aumua said this certainly has not been the case.
“I am not aware of such an information, namely that the first case before the Youth Court has just finished,” he said. “The Youth Court has been operating for years now. “It is best that this query be raised with the Registrar of the Courts, and for the Registrar to also explain the Youth Court and its operations because it is clear from the questions below that there is a serious lack of understanding of the Youth Court.”
The Samoa Observer took up the advice from the Attorney General.
On Wednesday last week, an appointment was made with the Chief Executive Officer of the Ministry of Justice, Courts and Administration (M.J.C.A.), Masinalupe Tusipa Masinalupe, where he was asked exactly how many trials had been heard from start to finish in the Youth Court.
In response, one of his staff members emailed an Excel spread sheet to the Samoa Observer listing 291 cases involving young persons.
According to the Young Offenders’ Act 2007, a “Young Person” means any person of or over the age of 10 years and under the age of 17 years.
The Act defines an “adult” as a person of or over the age of 17 years.
So of the 291 cases listed that were heard before the District Court, in 117 of them the defendant was 17 years of age, or an adult as the Act states, which leave 164 cases where the defendant was a young person between the ages of 10 and 17 years.
This is not including the three cases involving a 19-year-old, a 22-year-old and a 19-year-old respectively, which brings the number of Young People facing charges before the Court down to 161.
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However, what the list does not specify is whether the cases were heard before the Youth Court or before the District Court.
If they were heard before the Youth Court, then the defendants should have been afforded certain rights under the Act.
“A Young Person is entitled to receive independent legal advice,” the Act reads.
“The attendance of his or her parent and/or caregiver or any member of his or her family at the hearing of proceedings where it is practical to do so.
“And apply for legal aid.”
An email was sent for further clarification. “I understand that the Youth Court is under the jurisdiction District Court, so can you verify weather any, if not all, were tried as if it was before the Youth Court and not as if they were adults before the District Court,” the email reads.
“That is were they afforded their rights under the Act - such as legal aid, the right to independent legal advice and to have family present and their case conducted in Samoan?” As such, it is still not known how many cases the Youth Court has ruled on. However, Aumua did say his Office supported the Court.
“My office has always been supportive of the Youth Court,” he said. “In fact my Office helped finalise and supported the drafting the Youth Offenders legislation.
“However, when young offenders are charged together with adult offenders, it is my office’s position that it is in the interest of justice to have one hearing as it is one offending. “Otherwise, separate hearings would cause the victims and witnesses to give evidence twice on the same offending. “So therefore two hearings of the same evidence.
“Not a good use of public resources and more trauma for the witnesses, especially for sexual cases.”
Last week, the Samoa Observer sent through to the Attorney General a list of questions regarding what has been claimed as the first ever case to be tried before the Youth Court The Samoa Observer also questioned why the Attorney General appealed a verdict rendered in the Youth Court. The Attorney General confirmed this appeal.
“There was one appeal from the Youth Court to the Supreme Court of Samoa.”
According to the Young Offenders’ Act 2007, only the defendant can appeal their conviction and/or sentence. Aumua was questioned to this effect, asking if the appeals process was an effective use of the Court’s time and if the public’s money was well spent. “Please read the Act again,” was his response.
The legislation reads: “Any Young Person convicted or sentenced in the District Court may appeal to the Supreme Court against his or her conviction and/or sentence.
“Any Young Person convicted or sentenced at the Supreme Court may appeal to the Court of Appeal against his or her conviction and/or sentence.” The Samoa Observer also spoke to two different lawyers and they agreed that there is no provision laid out for the prosecution to appeal a decision made by the Youth Court.
Reading the legislation, the only time the prosecution could appeal a Court’s decision is when the Youth is tried before the Supreme Court.
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