Judge Question Police on Absent Files, Outstanding Warrants & Unserved Summons

By Lagi Keresoma/

Apia, Samoa – 07 February 2024: Four criminal matters called before District Court Judge Leota Raymond Schuster yesterday were without police files. It prompted the Judge to question police prosecutor, Sergeant Khamtahn Stanely why they didn’t have the files.

Two of the case files were transferred from the Supreme Court on Monday to be mentioned in the District Court yesterday, however prosecution asked for an adjournment as they did not have the files with them.

One of the cases involved two defendants from the police drug raid at Malifa last month.

Both defendants are jointly charged with possession of narcotics in the Supreme Court and possession of utensils in the District Court and are remanded in custody.

The prosecutor tried to explain that they have not received the files from the Supreme Court but Judge Leota interrupted and pointed to the court records that noted the files were transferred on Monday.

“It is in our record the files were transferred yesterday and should be on your list too, so you can’t say otherwise,” said Leota

He then reminded prosecution of their responsibilities and adjourned the cases to next week for police to secure their files.

The other case is of a young man who is currently in custody and was scheduled to appear yesterday.

Again prosecution made the same application for an adjournment.

“Why don’t you have the file?” asked Leota.

The prosecutor said the tried to obtain the file but Leota was already writing then turned and spoke to the defence counsel regarding her bail application then released the defendant on conditions.

Also released on strict bail conditions was one of the men arrested in the Malifa drug raid, Paulo Afamasaga who the Police Commissioner Auapaau Logoitino Filipo described as a “notorious drug dealer.”

It was noted in yesterday’s proceedings that prosecution did not oppose the bail applications from defence counsels which rarely happens with serious offences especially defendants with previous convictions.

Outstanding warrant of arrests & unserved summons
Leota also noted that police have outstanding warrant of arrests and unserved summons on some defendants.

Lawyer Unasa Iuni Sapolu agreed with Leota that her matter was outstanding and her clients did not appear yesterday because police did not summon them.

The defendants’ names were on the list yet Unasa was not aware of it and neither did the defendants hence their non-appearance.

There was also an outstanding warrant of arrest for the defendants and Leota wanted to know why it was not served.

Prosecution responded that defendants could not be found.

The court’s normal procedure for a defendant’s non-appearance is to issue a warrant of arrest, but Leota excused the defendants because they were not served then ordered prosecution to summon the defendants and prosecution reminded him of the warrant of arrests.

“Act on one of them,” he ordered.

Prosecution was apologised and acknowledged Leota’s comments.

In the Supreme Court on Monday, three prosecutors represented police during proceedings before Justice Fepuleai Ameperosa Roma who had to adjourn a matter because prosecution did not have the file of a certain defendant.

“There are three of you and you don’t have the file,” he asked.

The absence of files during court proceeding is not new and prosecution were often reminded that their negligence can upset court schedules and is also unfair to the defendants.