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Court Denies Discharge Without Conviction for Former Manu Samoa Player who Admitted to Possession of Utensil

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Former Manu Samoa 7s international, Joe Perez who had pleaded guilty in June to possession of a utensil namely a straw, has been handed a conviction by Senior District Court Judge, Talasa Atoa-Saaga.

Perez was charged after police found a white plastic straw in his pocket during a drug raid at his home in Vaigaga on 6 June 2026.

The white straw was identified as an item commonly associated with the consumption of methamphetamine.

He entered an early guilty plea in June, to one charge of possession of utensils with the intent to commit an offence.

Defense Counsel Su’a Leone Su’a-Mailo applied for a discharge without conviction for Perez, who is a first offender before the Court.

However, Judge Atoa-Saaga said the circumstances were not enough to justify a discharge without conviction, despite the fact that no tests were carried out on the straw for drug residue, and there was no evidence the defendant was involved in commercial drug activity.

Judge Atoa-Saaga stated the negative publicity arising from his arrest “is likely to have a lasting impact upon him”  as well as his limited employment prospects aside from his professional rugby career..”

The judge noted a conviction would not change those already existing consequences.

“The decision whether or not to record a conviction will not alter the narrative of the adverse publicity that has already been circulated..”

“The evidence before the Court indicates that he was employed under a one-year contract with Romania Rugby Club.”

“Given the relatively short duration of that contract,” said the Judge, “he would have had limited opportunity to accumulate savings sufficient to support himself and his family in the event he is unable to continue his professional playing career..”

The Senior District Court Judge said the Court must ensure everyone is treated equally under the law, regardless of their profession or public standing.

“Persons of talent or standing may avoid the ordinary consequences of criminal offending because of their professional prospects.”

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Police Summary of Facts

The Court heard that Police received information about suspected drug activity at the player’s home, and conducted a search at around 7:40am on Saturday 6 June.

Officers went to the house and found Perez with three other males and one female. It is understood they had been drinking the night before.

It was revealed in Court that no tests were carried out on the straw for drug residue.

Perez pleaded guilty at the earliest opportunity and applied for a discharge without conviction, arguing that a conviction could affect his professional rugby career and his contract with Romanian club CS Dinamo Bucuresti.

The court accepted that there was a real risk the player could lose his rugby contract if he was unable to return to Romania, but still handed down a conviction with a 12 month suspended sentence.

The Court also considered his good character, early guilty plea, family responsibilities, church involvement and his role in mentoring young people.

However, Judge Talasa Atoa Saaga said that these circumstances were not enough to justify a discharge without conviction.

The Court stressed the need to discourage young people from becoming involved in drugs.

“Young people must learn that discipline and personal responsibility are essential to success in any endeavor, whether in sport, employment, or public life.”

The Court then decided that a custodial sentence was not appropriate and handed down a 12-month suspended sentence, or 12 months of probation.

During his probation, he must not be associated with people involved in drug-related offending.

He was also ordered to take part in rehabilitation, with a Aoao Fesoasoani of the EFKS church in Vaigaga, Rev Suamonanu.

He is also ordered to conduct two drug-awareness sessions, one for his church autalavou and one for his rugby peers.

The judge said Perez has influence among young people and could use his experience to discourage drug use.

“A message from the defendant discouraging drug use is likely to have a significant impact on young people..”

“The defendant was sentenced to 12 months probation, a fine of $1,000 tala, and prosecution costs of 500 tala.”

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