Judge orders court to adhere to State of Emergency orders

By Lagi Keresoma

APIA, SAMOA – 16 APRIL 2020:  A Judge of the Supreme Court yesterday ordered the court to have only 5 people present in Court to comply with the State of Emergency orders.

Justice Fepulea’i Ameperosa Roma’s Secretary informed the court police to ensure that only 5 people were present in the court room including himself, counsels, defendant and Registrar.

Police also refused media from the court room.

During the morning session, Fepulea’i made the same order and police had to ask families of defendants and counsels for other matters to wait outside until they were called.

Accused change plea

In another court room, Justice Tafaomalo Leilani Warren was to sentence Viliamu Junior Viliamu for the alleged assault of an Australian visitor in December 2017.

Viliamu originally pleaded guilty to the charge in 2018 and was scheduled to be sentenced yesterday but he asked the Court to vacate his guilty plea claiming that he was wrongly accused for the crime.

Justice Tafaomalo asked why he pleaded guilty in 2018, but said he tried unsuccessfully to tell the police that he did not do it, but they charged him already.

Viliamu was jointly charge with a friend currently serving time in prison.

The Delay

When the matter was first called in 2018, Viliamu and his counsel failed to appear and a warrant of arrest has been issued since.

It was not until he was charged again with sexual violation recently that the old assault charge resurfaced.

He has been under police custody since January 2020 and will appear again today for a bail application on the sexual violation charge.

Because of the State of Emergency, the Court tried using a video link for those in custody applying for bail.

However, that did not work and as of yesterday, police started to escort defendants in custody back to Court.

Twenty people in police custody were supposed to be brought to Court yesterday. However, Police Commissioner Fuiavailili Egon Keil allowed only 5 as under the State of Emergency.

This added to the backlog of those in custody applying for bail to be brought in five at a time, to comply with the emergency orders.