Police ordered not to interview Sam without Counsels consent

By Lagi Keresoma/

Apia, Samoa – 22 February 2024: District Court Judge Talasa Atoa Saaga has ordered police not to interview the witness Sam Su’a or his wife Sivai Kepu without the presence or consent of their counsel Fetu Laga’aia.

The Judge made the order yesterday when both defendants appeared for their bail decision. The defendants are facing defamation and over 100 other charges in relation to the unresolved hit and run incident that killed a university student at Vaitele in April 2021.

Judge Talasa noted that one of the grounds for the bail application was Sam’s health.

She asked Sam’s counsel for an update on the CT scan and was told that Sam had the scan last week but they have not yet received the result.

“I cannot make a decision on bail until the scan result is provided,” she said.

She instructed the defence counsel to provide the CT scan result to the registrar by Friday this week.

She ordered that Sam and Sivai remain in custody at the Tanumalala prison to be placed in separate holding cells, to be monitored hourly and for police not to interview the defendants without the presence or consent of their lawyer.

District Court Judge Talasa Atoa Saaga

Prosecutor Taimalelagi Leinafo Strickland informed the Court that sometimes the defendant’s counsel is not available when police need to clarify something from the defendants.

Lagaaia agreed and said that he does not have to be present during an interview but police need to contact him first for his consent and for him to instruct his clients.

Judge Saaga agreed with the defence counsel.

Police to finalise charges
Judge Talasa noted that the pile of charging documents before her had 167 charges against Sam and 34 charges against Sivai then asked the prosecution about the charges.

The prosecutor said police have yet to finalise the charges against the defendants and that two other defendants, Lise Schmidt and Fepulea’i Fa’asavalu Su’a should be called together with Sam and Sivai.

She also said there are additional and substitute charges expected and asked for an adjournment.

Laga’aia did not oppose the adjournment.

Judge Saaga granted the adjournment and the matter to be recalled next Tuesday for all four defendants to enter their pleas and for prosecution to finalise the charges.