Defence in drug case questions Police property seizure process

By Lagi Keresoma

APIA, SAMOA – 30 JUNE 2022: Day 3 of the drug trial in the Supreme Court against Afualo Daryl Mapu and Marie Fanueli questions the police process of recording of materials the police seize from a raid.

Aumua Ming Leung Wai for Marie Fanueli noted that both Marie and her co-defendant Afualo Daryl Mapu signed documents declaring ownership of the materials that were confiscated from a raid at Daryl’s house on 28 December 2021.

Some of these materials included firearms, drugs, electronic devices, money and ladies beautification items.

Aumua asked the witness, Corporal Faatonu Lavea if it was standard procedure that all suspects sign on the dotted line confirming ownership of an item or all items after a raid.

Corporal Faatonu said “yes.”

Even if an item does not belong to a suspect, to which the witness said everything is explained to a suspect before signing.

Aumua then pointed out a document with a set of lipsticks listed as confiscated items and which had Daryl’s signature as the owner of the property, and he asked the witness thoughts about it.

The witness struggled to explain but told the Court that after the defendants gave a cautious statement, they were informed of the standard procedure with regards to confiscated materials.

He also said both defendants were caught at the premises where the materials were found.

Aumua then pointed to two gas lighters found in Marie’s purse which the witness recorded in the list of confiscated items but did not record the purse.

When asked to explain, the witness said he only recorded the items that were on the table.

“So the items were taken out of the purse,” Aumua asked. “Yes” said the witness.

So why was not the purse recorded? The witness repeated that he recorded only the items on the table.

Also questioned was why Faatonu failed to hand over what police called “chain of custody” to the Investigating Officer Paul Taua’a.

Su’a informed Faatonu that Paul’s affidavit does not mention any receipt of a “chain of custody” materials from him.

Counsel also put to the witness that some of the things he mentioned on the witness stand were not in his original affidavit and that he was trying to give evidence to assist and corroborate other police officers testimonies.

This was also evident in the testimony of two other police witnesses.

The head of the Police Tactical Operational Squad (TOS) Tagaloasa Toddy also gave evidence on the firearms confiscated from the raid.

He explained the different types of firearms and what is used for which included pistols and rifles.

He said the firearms were not registered and have no records that they belong to the defendants.

Legality of the search warrant
Deputy Police Commissioner Auapaau Logoitino Filipo will be called to give evidence on the legality of the warrant he signed prior to the raid on 28 December 2021.

The trial was set down for three days however, prosecution had more witnesses before the defence called in their witnesses.