2 Feb 2005

Samoan man jailed for burning house on chiefly order

1:33 pm on 2 February 2005

A Samoan man, who told a court he was acting on the orders of his matai when he burned down a house, has been jailed for three years.

The man, Toetu Pa'u Faitala, had burned down the house and other property of a family in his village of Saleilua in February last year.

He told the court he was following his matai's instructions.

The matai had ordered the arson as a form of penalty against the family for not leaving the village when told to do so.

Judge Va'ai said while arguably there was a legal power for matai to banish someone, the law did not allow matai to order the destruction of property.

He says Toetu's reckless disregard for others' property caused great mental and physical suffering to the complainants.

Toetu's lawyer had sought leniency, saying that while legally what his client did was wrong it could be seen as a cultural necessity.