Prosecution slackness further delays Defamation Case hearing

By Lagi Keresoma

APIA, SAMOA – 19 AUGUST 2022: The prosecution’s failure to proceed with the hearing of the defamation case against Australian based Samoan radio host, Tiumalumatua Maifea Fetu has further delayed the hearing to 25 August.

Prosecutor Jason Tuala asked the Court today for an adjournment as their witnesses have not been summoned to appear in Court.

He also confirmed that his witnesses, La’aulialemalietoa Leuatea Polataivao and Va’aaoao Alofipo are currently overseas.

District Court Judge Leota Raymond Schuster said that was not the response he wanted to hear, especially when prosecution had already agreed for the matter to be heard today.

“Why did you agree to the hearing date if you knew your witnesses would be overseas?” asked Judge Schuster.

Tuala assured the Court that the witnesses will be in the country by this Sunday.

Application to quash the defamation charge
The prosecution’s application for an adjournment prompted defense counsel Faimalomatumua Mathew Lemisio to apply to quash the defamation charge against his client.

However, Judge Leota Schuster pointed out to the defense that if they wanted to quash the information against the defendant, then they should not have pleaded to the charge in the first place.

The defendant entered a not guilty plea to one count of defamation on 02 August 2022 and the matter was adjourned to today for hearing.

The defense said their application was only made when prosecution asked for an adjournment and that they were only served yesterday about the prosecution’s intention to adjourn the hearing because their witnesses had not been summoned.

Defense did not oppose the prosecution’s application for an adjournment but did point out that his client resides in Australia and had already sorted out his travel arrangements.

“I will adjourn this matter to 25 August to hear the application to quash the information against the defendant, and if the application is successful, then that will be the end of it, but if not then we will hear the actual case then on that day,” said Judge Schuster.

The defendant is based in Australia and the defamation charge stemmed from alleged defamatory comments he made on his radio programs against Prime Minister Fiame Naomi Mataafa and the Faatuatua ile Atua Samoa ua Tasi-FAST party.

The complainant is FAST Secretary Va’aaoao Alofipo with FAST Chairman Laaulialemalietoa Polataivao as a witness.

No evidence deleted 
Meanwhile, Police Commissioner Auapa’au Logoitino Filipo has strongly rejected a report that video evidence critical to the defamation case have been deleted.

Talamua asked the Police Commissioner for confirmation following inquiries if reports of evidence being deleted were true.

The information of the deleted files did not sit well with the Commissioner who wanted to know the source of the information.

“Who said this is not true,” stated Auapa’au.

He wanted to know the source of the information as he said “it portrays a bad image of the police.”

He also rejected a report that the Police Professional Standards Unit (PSU) was to conduct an internal investigation to identify the original source of the information.

The case has been adjourned to 25 August.