Court yet to receive information on Talalelei Pauga conspiracy trial

By Lagi Keresoma

Apia, Samoa – 11 December 2023: The Court has yet to receive trial information on the longstanding conspiracy to kill charges against Australian citizen Talalelei Pauga.

This was clearly stated by presiding Justice Niava Mata Tuatagaloa in Court this morning when the matter was called for a case management hearing.

Prosecutor Lupematasila Iliganoa Atoa informed the Court that they were ready to proceed with the trial but Justice Tuatagaloa pointed out that she has not received information about the trial.

“What sort of hearing are you looking at?” she asked.

She said there is nothing in the Court regarding the case.

She then asked defence counsel Tufuga Fagaloa Tufuga who said they were only served the trial documents on 6 December 2023.

He also informed the Court of their issues and what they were yet to receive from prosecution which include the Trial transcript of Lema’i Sione and Malele Paulo’s trial and Justice Lesatele Rapi Vaai’s decision on Pauga’s bail application.

Defence denied transcripts
Tufuga wanted prosecution to disclose to them all transcripts of the Lema’i and Paulo’s trials and also Justice Vaai’s decision.

He asked Justice Tuatagaloa to put pressure on the Court so they could have the decision.

“What is the relevance of Justice Vaai’s decision to this trial?” Justice Tuatagaloa asked.

Tufuga said there are legal information in the decision he believes are relevant to their argument especially when he ruled in favour of his client.

She then said that she cannot interfere with Justice Vaai’s decision and still not sure of the relevance of the decision to the trial before her.

Justice Vaai’s decision was on the defence closed door hearing of Pauga’s bail application.

On transferring the Lema’i and Paulo trial transcript, Justice Tuatagaloa clarified to Tufuga that Lema’i and Paulo’s case is separate from Pauga although they are all jointly charged with conspiracy to murder former Prime Minister Tuilaepa Sailele Malielegaoi.

“You will only get their statement given to police if they are called to give evidence in the trial, but not the trial transcript,” she explained.

Seven witnesses
Prosecution will present 7 witnesses against Pauga and they have only submitted two witnesses affidavit to defence.

When asked why the delay, prosecution said they are trying to transfer but Justice Tuatagaloa intervened and asked  why it was so difficult to make the transfer.

“It is a longstanding matter and you just have to take it out of the file, make a copy and hand it over,” she said.

She also informed prosecution any charges filed later are matters pertaining to Australia and have nothing to do with local court proceedings.

Pauga was in custody for two years in Australia as he fought extradition to stand trial in Samoa.

He was eventually extradited from Australia in September this year hence the proceedings now in Court.

Orders
The Court has ordered the disclosure of necessary documents to defence and everything pertaining to the trial to be presented in the next case management hearing next Wednesday.

A trial date will also be determined when the matter is recalled next week