Man seeks discharge without conviction

A man accused of common assault – in relation to a separate incident prior to the one that led to the death of Malaki Tauiliili – is seeking a discharge without conviction. 

Accused Robert Ash, through his lawyer Aumua Ming Leung Wai, filed the application for discharge without conviction in the District Court yesterday. 

The District Court Judge, Fepuleai Ameperosa Roma presided over the matter. The judge originally assigned to hear the case has declared a conflict.

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Lawyer Iliganoa Atoa was the prosecutor. 

A separate joint submission from prosecution and defence was also filed to adjourn Ash’s sentence, in order for prosecution to respond to the application to discharge without conviction. There were also issues they needed to sort out in relation to the summary of facts. 

Judge Roma accepted the application to adjourn sentence, which was initially scheduled for yesterday. 

“This matter is adjourned to 29 March (2019) for defence and prosecution to discuss the amended summary of facts, and prosecution to file response to the submissions for discharge without conviction. The Court will deliver its decision on that day,” he said.  

Ash pleaded guilty on 29 January 2019 to the charge of common assault pertaining to the incident that occurred in December last year. 

Two other men Herman Westerlund and Suapaina Savai’inaea have been charged with manslaughter in relation to the death of Tauiliili. The pair pleaded not guilty to the charge and a hearing is scheduled to take place in June 10 this year. 

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