AG denies any attempts to withdraw charges against the Police Commissioner

By Lagi Keresoma/

APIA, SAMOA – MONDAY 20 FEBRUARY 2017: The Attorney General Lemalu Herman Reztlaff today denied any attempts to make a deal to withdraw charges against the Police Commissioner Fuiavailili Egon Keil, and in return, charges against Mauga Precious Chang would be withdrawn.

The Attorney General was giving evidence in the first day of the public hearings of the Tribunal currently investigating the conduct of suspended National Prosecution Office (NPO) Director Mauga Precious Chang and Deputy Director, Muriel Lui.

One of the issues clarified in the Tribunal currently sitting to investigate the conduct of suspended NPO Director, Mauga Precious Chang and her Deputy Ms. Muriel Lui, was that both the Attorney General and Director of NPO report to the same Minister.

The Tribunal opened its public hearings today.

Counsel for the defendants Peter Lithgow from Australia was quick to tackle the concern raised by the Attorney General, Lemalu Herman Reztlaff about Mauga and her counsel then, Taulapapa Brenda Heather –Latu writing directly to the Minister, who happens to be the Prime Minister, instead of going through him.

“I understand that they have been communicating directly to the Prime Minister and not copying me in any way, shape or form,” said Lemalu.

“So I decided, I need to act as counsel to government and inform them to write to me,” he said.

Suspended National Prosecution Office (NPO) Director Mauga Precious Chang and Deputy Director, Muriel Lui with their lawyers after today’s hearing.

Lemalu said he was concerned as counsel to Government, they were going straight to the Prime Minister, and try and delegate the powers and defend her case by appointing her own prosecutor.

Lithgow then put to Lemalu that the NPO director is accountable to or report to the Prime Minister, and Lemalu said “yes”.

“The Attorney General also reports to the Prime Minister, is that correct?” Lemalu also confirmed it.

Lithgow then pointed out that Mauga was indeed doing what was right, by reporting to the Minister, only because Lemalu failed to assist her.

Lithgow recounted Mauga’s affidavit, where she said that she approached Lemalu asking him for an input in the delegation of her powers.

Lemalu agrees that the delegation of powers could be given to anyone qualified as long as Mauga, who was the defendant is not involved in choosing the prosecutor.

Mauga’s affidavit also said that she suggested to Lemalu that the best person to recommend a prosecutor was the police commissioner “because he was the most removed person from this situation.”

Lemalu could not recall that part of the conversation.

Lithgow said because Lemalu failed to get back to Mauga, the defendant then delegated her powers upon lawyer Semi Leung Wai. However, Police Commissioner Fuivailili Egon Keil was not comfortable with that.

He said the reason given by the Commissioner, was that he does not know Semi or that there might be a conflict there.

Mauga then delegated her powers to Taulapapa, and a few days later, Taulapapa wrote to the Prime Minister and the Police Commissioner confirming the delegation of powers.

When I saw the Prime Minister’s letter of 18 July 2016, I followed it up, and tried to put an independent prosecutor in it.

Lemalu said he then advise the Police Commissioner about the situation, and when Taulapapa asked for the case file from the police, she was not given it.

Lithgow pointed to the Assistant Police Commissioner then, Samoa Mulinu’u’s affidavit as to the reason Taulapapa was denied the case file.

Lithgow read out part of Samoa’s affidavit which stated that “the Commissioner advised not to give the file to Mrs. Latu, as advised by the Attorney General.”

Lemalu could not recall the specific words said, but believes that what he said must have some impact on the commissioners’ action.

From the outset, the delegation of powers, have been passed on to four people.

First lawyer Semi Leung Wai, then Taulapapa Brenda Heather-Latu, the Attorney General Lemalu and then New Zealand independent prosecutor, Simativa Perese.

The public hearings continue tomorrow.