Judge sets sentencing date for Robert Ash

The District Court has set Tuesday 25th of June 2019 as the sentencing date for a man who pleaded guilty to common assault – in relation to a separate incident prior to the one that led to the death of Malaki Tauili’ili - last year.

The sentencing date for Robert Ash was set by District Court Judge, Fepulea’i Ameperosa Roma, on Wednesday after a hearing, which had been set for the prosecution to dispute the summary of facts, was discontinued.

Ash, through his lawyer, Aumua Ming Leung Wai, had pleaded guilty to common assault in January this year.

He, however, disputed part of the summary of facts.

In Court on Wednesday, the decision to discontinue the hearing for the disputed summary of facts was made following a request from the Prosecutor and Attorney General’s lawyer, Silupevaelei Rexona Titi.

In addition, she asked the Court to impose an order to prohibit the publication of details of any evidence made earlier on during the proceedings.  

“We respectfully advise that prosecution will not proceed further with the evidence from this morning,” said Silupevaelei.

“It’s a matter for counsels to sort out what we have reached before your Honour so we are at the end of proceeding. It’s a of matter now setting a sentencing date.

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“We also respectfully seek your direction for an order of publication for anything coming out of this Court as evidence given the relation of this matter to the other trial that is of significant.”

The other trial in question involves two men, Herman Westerlund and Suapaina Savai’inaea, who have pleaded not guilty to manslaughter in relation to the death of Mr. Tauiliili.

That matter is pending.

Judge Fepulea’i accepted the application from the prosecution to discontinue the hearing of the disputed summary of facts.

“By consent of prosecution and defense, this matter is adjourned for sentencing before this Court on Tuesday 25th June, 12:30pm,” he said.

“Prosecution and defense will file amended summary of facts and sentencing submissions by 4pm on Wednesday, 19th June.”

Judge Fepulea’i also ordered that the media, or anyone else, is prohibited from publishing any other details in relation to the evidence given in Court.

“That order is made on the basis of the likelihood of impact or prejudice of those proceedings in the Supreme Court and by consent of the parties, defense and prosecution,” said Judge Fepulea’i.



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