Court denies bail for Samuelu Su’a & Wife

By Lagi Keresoma

Apia, SAMOA – 27 February 2024: District Court Judge Talasa Atoa Saaga has denied bail for Samuelu Su’a also known as Sam and his wife Sivai Kepu.

The decision was delivered this afternoon after the court sorted out the charges against Sam, Sivai and three other co-defendants – Member of Parliament Fepuleai Fa’asavalu Su’a , Inspector Li’o Faataumalama Auava and Lise Schmidt.

The defendants are facing various charges in relation to the unresolved hit and run incident that killed a university student at Vaitele in April 2021.

In her decision, Judge Saaga referred to issues raised by the prosecution which warranted their opposition to the bail application.

Prosecution highlighted evidence provided during the bail hearing of Sam trying to influence the mother of their key witness – Tupuola Tanu Wright by asking the woman to talk to her son (Tupuola) to support his (Sam) testimony to the police.

The other point was Sam’s criminal history which dates back to 2006 for which he had been imprisoned several times.

The court also noted Sam had escaped twice from police custody while serving time and the number of convictions against him.

Judge Sagaga then highlighted a provision in section 101 of the Criminal Procedures Act 2016 where priority is given to public safety, the applicants’ previous convictions and interference with witnesses.

The Court also took into account the defence counsel’s failure to provide Sam’s CT scan result which was central to their bail application.

Three co-defendants Member of Parliament Fepuleai Fa’asavalu Su’a, Lise Schmidt and Inspector Li’o Faataumalama Auava.

214 charges against Sam & three defendants
Sam and Sivai are jointly charged with Lise Schmidt, Li’o Faataumalama Auava and Fepulea’i Fa’asavalu Su’a in some of the charges.

Police finalized the charges today with Sam facing 104 charges, Sivai 59, Fepulea’i 18, Lise 9 and Li’o 4.

The charges range from conspiracy to defeat the cause of justice, fabrication of information, misleading information to the police, insulting words, harassment and conspiracy to commit an offence.

All defendants entered pleas of not guilty through their lawyers.

The Court has set the hearing for two weeks commencing 20 May 2024.

Sam and Sivai remain in police custody at the Tanumalala prison while Fepuleai, Li’o and Lise are released on bail conditions that require them to sign at the police headquarters twice a week.

Fepuleai applied through his lawyer Tanya Toailoa to amend his bail condition of signing twice a week as it has impacted on his duties as a Member of Parliament.

Judge Saaga denied the application and told the defendant that he can sign at a nearby police outpost when he is in Savaii.

Immediately outside the court, Sam’s family members tried to block police from escorting Sam and Sivai out of court.

Some of the relatives called out for justice and accused police of being biased as police pushed Sam and his wife through the crowd to the police vehicles to take them to custody.