Witness in Defamation Case Demands Apology From the Judge 

By Staff Reporters

APIA, SAMOA – 30 MARCH 2023: A police witnesses in the defamation case against a US based Samoan woman Perkins Feagiai Headly has demanded an apology from District Court Judge Alalatoa Rosela Papalii.

Vui Sione Masinamua’s apology demand challenges the Judge’s decision to declare his evidence via zoom link during cross examination last Friday as “unreliable” and Judge Alalatoa was unhappy about the witness “leaving” the live zoom in the middle of giving evidence.

In an interview with Bluwave TV this week, Vui demanded an apology saying there should have been a thorough investigation instead of accusing him that he left the zoom based on what the Court IT person told the judge.

“That’s a lie,” said Vui referring to the IT’s explanation to Judge Alalatoa that the disruption was from Vui’s end.

“It made me look like I am at fault and I intentionally left the live-zoom,” he said.

Vui said he never left the zoom and he was still sitting there at his end waiting and this can be verified by the notices that appear on the live connection screen.

“I demand an apology from the Judge for accusing me of something that has not been proven,” said Vui.

He said when someone leaves a live zoom, a notice appears on the screen that that person has left the live zoom, but no such notice appeared on the screen of the monitor in the courtroom, but only Vui Masinamua’s name.

He insisted the Judge had made a decision based on a one sided explanation from the Court IT and there should be an investigation into what happened before the judge ruled his evidence as unreliable.

The impact of the decision according to Vui, was that people have accused him on social media as ‘a liar’, he was ‘not prepared’ and that he was ‘biased’ towards the defendant who is a relative of his.

Technical issues with zoom as witness gave evidence
Vui is in New Zealand for a medical appointment and was supposed to give evidence on Thursday only as he had a doctor’s appointment on Friday.

However, technical issues on the zoom connection with Vui on Thursday resulted in Judge Alalatoa asking Vui if he could reschedule his doctor’s appointment to the afternoon so he can continue his evidence on Friday morning.

When Vui gave evidence Thursday, there were several issues with the zoom connection such as poor audio between Vui and the lawyers, poor visual connection and lighting problems in the Court room.

For the witness to identify the defendant via zoom, the IT person had to move the TV monitor around the courtroom several times in order for the witness to get a clearer view as the camera is fixed on the TV screen.

The ensuing technical problems had Judge Alalatoa adjourn proceedings to allow the IT person to fix the problems. At one point, the Registrar had to look for the IT person to attend to the technical problems.

Judge Alalatoa tried another option and asked all those in the Courtroom to step forward to the camera so that Vui can have a better view in identifying the defendant.

Vui however made what the Judge called an “unsure identification” then asked Vui for a chance to give evidence on Friday.

Evidence via Zoom on Friday
At the start of Vui’s evidence on Friday morning, the visual connection was good but not the audio connection. The camera issue was fixed and had a camera with a zoom capability and Vui properly identified the defendant.

The proceedings then continued until Vui “disappeared” from the screen.

Vui said he only realized what happened when the prosecutor, Leinafo Taimalelagi Strickland called him and asked where he was at, and he said he was still sitting before his screen waiting.

The proceedings then continued with Vui however, Judge Alalatoa discontinued his evidence and stopped the cross examination and declared the evidence “unreliable.”

She was not comfortable with Vui disappearing from the zoom or what he could be doing at the time he left the zoom.

“I was in the middle of a heated discussion with Perkins’ lawyer when it suddenly disconnected and I saw my picture only, but what is worse is the Judge’s accusation,” Vui explained in his media interview.

He also insisted that the problem was at the Court’s end.

“It is their link and they should investigate,” said Vui.

The witness is the first to make a direct connection between the accused and the two facebook pages that carried the posts that are deemed defamatory against the prime minster and FAST party leaders.

The case was scheduled for a two day hearing but has been adjourned for lawyers to make submissions on legal matters and the case to continue on 3 April.

Police has one more witness to give evidence which is the police IT person.