Defence applies there’s no case to answer in drug trial

By Lagi Keresoma

APIA, SAMOA – 04 JULY 2022: Defence counsel in the drug trial of two suspended public servants has applied tat there is no case to answer.

This was after the prosecution’s last witness took the stand last Friday and the defendants were supposed to give evidence.

Counsel Su’a Leone Mailo told the Court that given the evidence before the Court, she believed there was no case to answer.

Justice Tafaoimalo Leilani Tuala-Warren then informed prosecution to file a response to the application and the court to hear the application tomorrow (Tuesday).

The defendant Afualo Daryl Mapu and Marie Fanueli who are jointly charged, have entered not guilty pleas to 6 charges of possession of drugs, illegal firearms and utensils to consume drugs.

Validity of the Arms Warrant  
The defence questioned the legality and validity of the Arms Warrant used by police to enter, search and detained the defendants on 28 December 2021.

Auapaau Logoitino Filipo who was Acting Commissioner at the time took the stand to verify the legality of the warrant.

Auapaau confirmed signing the warrant after he was satisfied with the information provided by the Police Intelligence Division on the suspect and illegal weapons.

The Arms Warrant was then handed over to the Criminal Investigation Division (CID) to carry out the raid.

When Police carried out the raid, not only seized and detained but also searched the defendants.

Su’a reminded Auapaau of section 21 of the Arms Act where it says that the warrant only allows police to enter the property and seize or detained any property.

Auapaau said police have the authority to use the Arms Warrant under section 28 of the Police Power Act.

Su’a also questioned the surveillance team’s information which the raid was based on to which Auapaau said, police collect all information whether true or not from their sources, then it is the police responsibility to investigate the information provided.

The matter is adjourned to Tuesday 5 July to hear the no case to answer application by the defence counsel.