Defendant Denies Influencing Witness in Drug Trial

By Lagi Keresoma

APIA, SAMOA – 8 JULY 2022: The main defendant in a drug trial that ended on Friday, Afualo Daryl Mapu strongly denied influencing defense witness Pelepesite Faavae to give evidence on his behalf.

Afualo was arrested during a police raid on 28 December 2021, but never told the police that the drugs found on him at his home at Nu’u on the day, were not his.

Two months later, he still had not said anything or made a statement.

While he was in custody at Tanumalala Prison, his friend Pelepesite was arrested and placed in custody together with Afualo.

He admitted during the trial that he had spoken with Pelepesite, but denied asking Pelepesite to testify for him.

Afualo was released from custody two months later and it was only then that he made a statement that the weapons and drugs found at his place belonged to Pelepesite.

Pelepesite lives on the top floor of Afualo’s house at Nu’u where the raid took place.

During cross examination, prosecutor Lupematasila Iliganoa Atoa pointed out to Afualo that he only made a statement after speaking to Pelepesite in prison.

“That is not true,” said Afualo.

“Why didn’t you tell the police on the day of the raid that the drugs were not yours?” asked Lupetamasila

Afualo responded that police did not ask him and that the search warrant was only for one illegal pistol. Police however found 5 other weapons hidden under the bed mattress.

“You had two months and that is plenty of opportunity for you to inform the police,” but Afualo stuck to his previous response that police did not ask him.

The prosecutor also put to him that it was only after connecting with Pelepesite in prison that he decided to make a statement, again Afualo denied it.

Afualo did not deny that the weapons, drugs, methamphetamine, pipes and electronic devices were found at his house, but denied having any knowledge that these materials were in his house.

Pelepesite’s contradictory testimonial
The key witness in the case was Pelepesite who pointed out in his statement that everything confiscated by police during the raid belonged to him.

These materials included 5 packets of drugs, 6 firearms, electronic devices, pipes used to consume the drug and a scale for weighing the substance and were presented as exhibits during the trial.

In Pelepesite’s statement, he consistently said that he had 3 packets of methamphetamine.

But during his oral testimony, he said there were 5 packets.

“I had 5 packets, 3 full ones and 2 with little amounts,“ he said.

The prosecution continued to hammer him on the number of drugs and that he only knew about 5 packets because someone must have told him, but he maintained his answer on the five packets.
Asked about the firearms and where he got them?
“They are exchanged for drugs,” Pelepesite said.
He also admitted that the car used to sell drug belonged to a police officer.

He was also asked about the pants which was worn by Afualo on the day of the raid which Pelepesite said was his pants.

The drugs were found in one of the pockets of the pants and according to Afualo’s evidence, he heard someone outside and he just grabbed the pants that were on the bed and put it on, then came downstairs to find the police.

The prosecutor told Pelepesite that the pants belonged to Afualo, but Pelepesite insisted that it was his pants.

Court ruled against no case to answer application
Prior to the defense evidence, they filed a “no case to answer” application which was denied by Justice Tafaoimalo Leilani Tuala-Warren.

The no case to answer was specifically on the possession of narcotics against the defendant Afualo.

Central to the defense argument for a no case to answer was the break in the chain of custody and the inherent weaknesses in the prosecution’s case.

The chain of custody is the process or sequence with which the case had been presented from the time of the raid, the seizure of items, the documentation of items and the storage of the items.

The defense submitted that the prosecution has failed to prove that the five (5) packets of crystal like substances found in the defendant’s pants were methamphetamine because there is a substantial break in the chain of custody which the prosecution was not been able to present evidence to rectify.

A former senior officer with the Electoral Commission, Afualo was jointly charged with co-worker Marie Fanueli on the possession of narcotics, possession of utensils, possession of unlawful however and possession of unregistered firearms.

Presiding was Justice Tafaoimalo Leilani Tuala-Warren.

Prosecutor was Lupematasila Iliganoa Atoa and defense counsels were Su’a Leone Mailo for Afualo and Aumua Ming Leung Wai for Marie Fanueli.

Counsels are to make final submissions on 20 July.