custody and maintenance whilst the Family Violence Court addresses breaches of domestic violence and
domestic related criminal matters. The Youth Court is a branch of the District Court which deals with
offences carried out by youths aged 10-17. To date, the majority of cases in the Youth Court have been
violence related. The Alcohol and Drugs Court has been in operation for just over a year and refers
defendants to their programme to help them overcome their addictions to alcohol and drugs.
Through advocacy work undertaken by lawyers, judges and other legal professionals, a range of
improvements to the justice system have been achieved over the past decade, to put victims first and
recognize their experiences to ensure further harm to them is avoided and justice can be served. These
include prohibiting victims from being cross-examined by the defence in cases of family violence,106
allowing the use of video evidence to prevent the victim and accused having to see each other, 107 and
addressing parts of the process which were unfriendly to victims of violence, especially sexual violence.
“A complainant must feel they are protected to make a complaint right through
from going to the police to going up to give evidence. The court room can be an
intimidating setting. Imagine you are a domestic violence victim and you go into a
court room to face someone who has had this power and control over you.”
Lemalu Hermann Retzlaff, Attorney General, Inquiry public hearing
The justice system has also built a network of partners to provide follow-up services to victims and
perpetrators, and also developed in-house expertise.
“My case manager and I have designed rehabilitative therapeutic programmes
which are also used for the family violence court and the youth court. They are
specifically tailored to the Samoan context. To date we have set up an alcohol and
drug education programme, group psychotherapy programme and an anger
management programme. All offenders through the courts are required to
undertake these programmes at the direction of the judge. I also provide training
for NGOs.”
Moana Regina Solomona, clinical therapist, MJCA, written submission, Inquiry document 13
Further to these programmes MJCA also provides mediation services for family court matters and report
that both the numbers going through these processes have increased as has the success rate. 108 In
recognition of the dangers of custodial sentences, the courts favour non-custodial sentences and also
place great emphasis on working with those on parole. This requires a community-based approach and
relies on community justice supervisors, mayors and other community leaders to supervise offenders
carrying out community based sentences.109 This approach offers an insight into the type of community
led relations with the justice sector that could also be extremely beneficial for the police to cultivate.
106
Evidence Act 2015, section 80.
Evidence Act 2015, sections 89 and 120.
108 For more information refer to “Stakeholder Consultations Report.” Document 58 Inquiry anthology, accessible at
www.ombudsman.gov.ws.
109 MJCA Inquiry public hearing presentation. Document 32 Inquiry anthology.
107
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