Samuelu Su’a applies to change the Presiding Judge over his case

By Lagi Keresoma/

Apia, SAMOA – 16 March 2024: Samuelu (Sam) Su’a and his wife Sivai Kepi who are facing defamation charges in relation to the 2021 unresolved hit and run case at Vaitele, have applied to recuse District Court Judge Talasa Atoa Sa’aga from presiding over the hearing of their case scheduled for May 2024.

Counsel for the pair, Fetu Lagaaia did not give details of the grounds for the application.

Judge Saaga was ready to have the application heard yesterday, however, Lagaaia said he thought the matter was called for mention to set a date to hear the recusal application.

He also informed the court that he was not ready to proceed with the hearing.

District Court Judge Talasa Atoa Sa’aga.

The court noted that one of the defendants Li’o Faataumalama Auava did not appear in Court yesterday and lawyer Muriel Lui who represent Lisemarie Schmidt and Fepuleai Faimata Su’a asked the court for pardon as Li’o was in Savaii and his lawyer Tanya Toailoa is off island.

Judge Sa’aga asked for the prosecution’s stance on the non-appearance of the defendant to which lawyer Taimalelagi Leinafo Strickland had no objection.

Both the prosecution and Lui took a neutral stance regarding the application to recuse and Toailoa will respond when she gets back next week.

The recusal hearing and another application already before the Court are preliminary matters that need to be dealt with before the actual hearing of more than 200 charges against all five defendants are heard in May.

Prior to the Court proceedings, a court orderly informed Sam’s family that as long as Sam was under their protection, they cannot approach Sam in Court, but they can meet and talk to him at the waiting cell.

This was to avoid another confrontation with the family when Sam was escorted out of the courtroom.

It has been almost four years since the incident and police have no evidence to charge anyone.

They however charged the 5 defendants with defamation, conspiracy to defeat the cause of justice, conspiracy to commit an offence and alleged conspiracy to give police wrong information.

As for the deceased’s family, they have written to the Ombudsman for assistance and have voiced their disappointment at how the police have conducted their investigation into the death of their son.