Judge blasts Police for abusing a couples rights while in custody

By Lagi Keresoma

Apia, Samoa – 17 November 2023: District Court Judge Alalatoa Rosella Papalii was direct when she addressed the court that the rights of the accused couple Va’a and Maylin Brown have been abused after being remanded in police custody for more than 24 hours.

The couple were arrested on 1 November and the Court Registrar was called in to release them, however, the police asked the Registrar to remand the couple for 48 hours.

According to Judge Papalii, the Registrar’s authority to make a decision on such matters is limited within 24 hours, so he/she had to make a call whether to release or remand the couple after being charged.

Rather than making a decision the Registrar accepted the police request and remanded the couple for 48 hours.

Judge Papalii emphasized that the only chance to allow an extension if there is a proper cause for an extension under the law.

She said holding the couple for 48 hours in police custody was inappropriate and has affected the couple’s civil rights.

A senior lawyer who spoke to Talamua about the matter said such action could lead to a lawsuit.

Police ordered to tidy up charges
The police also filed more than 200 charges against the couple and asked the Court for an adjournment to finalise the charges.

Judge Papalii noted that the charges are serious, however, the evidence provided to back up the charges are insubstantial and ordered the police to organise their charging file properly.

The couple is charged for a post on their social media page.

Remanded on bail
The couple have been remanded on bail on conditions that they:

• Surrender their travel documents,
• No more posting of video clips that might hurt others,
• To reside at Aleisa
• And to sign at the police station once a week before 12.00pm

Maylin informed the Court that her passport had expired and her husband’s passport is lost.

Judge Papalii asked for confirmation from the Immigration office before the couple can leave Court.

Only Maylin received confirmation and was released while Vaa was remanded to the next day for his confirmation to come through.

The matter will be recalled on 5 December 2023.