13 March, 2019. Samoa – Supreme Court Justice, Tafaoimalo Leilani Tuala-Warren sent a stern message to all security guards and night watchmen that it is not okay to do nothing, when they witness a crime taking place in the workplace.
The message was clear during the sentencing of a 63-year old man who was charged with one count of being a party to theft as a servant.
Faasee Faasipa was a security guard for Big Bear Company at Fugalei last year.
Faasipa was on duty, and received money from two other employees, who had come in to collect goods they had earlier hidden in rubbish bags. The 2 employees have since been charged with theft as a servant, and both currently serving time in prison for the offense.
Justice Tafaoimalo told the defendant that he became a party to the offense because he knew about the offending, and yet, did nothing to prevent or report it.
“Faasipa, you became a party to this theft as a servant because it was knowledge on your part and you omitted to do anything to stop it and therefore it is that knowledge alone that makes you a party to the offense,” said Justice Tafaoimalo.
She added that he also received money from the two defendants on the night of the offence, reiterating that it is not okay to sit around and do nothing when an offense occurs.
“I think at your age of 63 years old this is a hard lesson to learn, but it’s no longer okay to sit around and do nothing when you see something that is not right happening,” added Justice Tafaoimalo.
“I think this is also a harsh lesson for all security guards or night watchmen; that they need to do the job which they are paid to do.”
Justice Tafaoimalo told the defendant the aggravating feature about his offense is the breach of trust between him as an employee and Big Bear Company.
“I think what’s most aggravating is that you were also trusted by Big Bear Company to look after their business and you were paid for that; and you were entrusted to stay there during the night to look after their business.