Defence counsels for two Samoan government cabinet ministers found guilty of obstructing police spoke of their clients’ shame from the “whole affair”.

Deputy Prime Minister Fonotoe Pierre Lauofo and the associate minister for the Ministry of Commerce Industry and Labour, Muagututagata Peter Ah Him, are asking for monetary fines only.

Donald Kerslake, defence counsel for Fonotoe, told the court of his client’s “shame” by being associated with the affair.

The deputy prime minister had initially pleaded not guilty to the charge of obstruction of justice by inciting or encouraging a police officer from conducting his duty that night.

Muagututagata had also pleaded not guilty to the charges of making an illegal U-turn and obstruction of police by not completing a breathalyzer test ordered by police at the roadside stop.

But Judge Vaepule Alo Vaemoa Va’ai found both defendants guilty of the charges against them.

They were scheduled for sentencing on Friday morning.

However, when the matter came before the court the defence counsels opted to read out their submissions.

Kerslake, in presenting his submissions and mediating factors on behalf of his client, told the court to consider Fonotoe’s good character which was highly-regarded by his peers and especially his family.

Fonotoe has no previous convictions and he had apologised on national television after “your honour’s guilty verdict”.

He said the impact of that decision brought embarrassment to Fonotoe, his family and his villages especially due to its coverage in the media.

He told the court that his client was “remorseful”.

Kerslake then pondered on the possible penalty to be imposed on his client telling the court to consider that it was not a very serious offence since there was no physical contact associated with the obstruction conducted by Fonotoe.

Kerslake informed the court if there was an imprisonment term this would have an impact on his client’s career as a solicitor, and would also affect the law office he owns. The matter would also be referred to the Samoa Law Society.

Muagututagata’s defence counsel, Patrick Fepuleai, asked the court to consider the duties and responsibilities associated with his client’s portfolio as associate minister as well as his other roles with the Pacific Forum Line.

On the more serious charge of obstruction he asked asked the court to exercise its discretion and that his client be discharged without penalty.

He noted the personal shame associated for his client being charged and appearing in court, especially considering the media coverage by the “press, newspapers and overseas media.”

It was an imposition for an associate minister to have a criminal record especially when his roles and duties require him to take trips overseas.

“Maybe in their own way sitting in the dock brought personal shame – their involvement in this – is penalty enough that hopefully they would learn from that.”

But Judge Vaepule said “that is what should have been in the forefront of the mind of a person who holds public office”.

He said that Muagututagata’s obstruction was direct and this related to his not completing the breathalyser test that was being conducted at the time.

However, Fonotoe’s obstruction was indirect and encouraging. So in his opinion with all due respect it was a serious enough offence.

“Perhaps if he didn’t stop, nothing would have happened, perhaps if he stopped but was silent nothing would have happened,” Judge Vaepule said to Kerslake.

He said that he would consider the defence submissions however “if you hold public office you have to behave at a certain level to reflect that office”.

This had to be the case either while he was on duty or off duty.

“We can’t ignore the facts of what happened that night”.

Neither Fonotoe or Muagututagata appeared in court for the reading of the submissions.

Judge Vaepule has adjourned the cases to May 13 for sentencing.