Defendant in Conspiracy to Kill Case Asks to Recuse Trial Judge

By Lagi Keresoma/

Apia, SAMOA – 04 March 2024: The remaining defendant in the conspiracy to kill former Prime Minister Tuilaepa Sailele Malielegaoi case has requested the removal of Justice Niava Mata Tuatagaloa from presiding over his hearing.

Defendant Talelei Pauga’s request was presented by his new lawyer, Josephine Sapolu before Supreme Court Senior Justice Vui Clarence Nelson.

Pauga is the last of four defendants to stand trial on the charge which already sent three other defendants to serve time at the Tanumalala prison.

Sapolu in her submission said the request is based on Justice Tuatagaloa being the presiding judge over the case of the other three defendants.

Justice Nelson informed Sapolu and her client that Justice Tuatagaloa is the only judge that can preside over the case.

Defendant Talelei Pauga

Justice Nelson’s concern was that, should Justice Tuatagaloa accept and remove herself from hearing Pauga’s case, then the Court would have no choice but to put the matter at the end of the year for the Court of Appeal to preside on.

Sapolu however said they have prepared for that and should Justice Tuatagaloa accept they would apply for an overseas judge to preside over it.

Justice Nelson said it would be another long drag.

Sapolu has taken over the case after Pauga’s lawyer Tufuga Fagaloa Tufuga was appointed as the new Commissioner of the Samoa Law Reform Commission two weeks ago.

Pauga is an Australian citizen and spent a year in police custody in Australia before he was extradited in September last year to stand trial in Samoa.

He has entered a not guilty plea.