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Police v Tafiligia.

Chief Justice of Samoa, Steve
June 4, 2015

Source: (2005) WSSC 13 (26th August). Supreme Court of Samoa. Downloaded 15 November 2005.

In his plea in mitigation, the accused expressed remorsefulness for what he has done. He also expressed remorsefulness
to the probation service. He is very worried and concerned about the outcome of this case. The family of the accused has
also performed a traditional apology (ifoga) to the father of the victim and was accepted. This was confirmed to the
Court by the father of the victim. The accused’s family has also presented one cattle beast, two large pigs, thirty boxes of
tinned fish as well as breakfast and lunch for the village as penalty for the offence committed by the accused. All of this
was accepted by the village. Thus this matter has been settled in accordance with Samoan custom not only between the
family of the accused and the family of the victim but also between the family of the accused and the village. This is all
part of what is now commonly referred to as ‘restorative justice’ even though for very many years it has been the
customary way Samoans penalise offences committed within a village and settle any possible enmity or friction that may
arise between the family of an accused and the family of a victim. (excerpt)


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