Recusal application rejected – Judge Talasa to preside over Samuelu’s case

By Lagi Keresoma

Apia, SAMOA – 18 May 2024 – District Court Judge Talasa Atoa Saaga will continue to preside over the defamation and other criminal charges case against Samuelu Su’a and wife Sivai Kepu and three others after the application to recuse the judge was dismissed last Friday.

The full trial will get underway Monday 20 May.

Sam’s application was based on the Judge’s close connection to one of the police key witnesses MP Lealailepule Rimoni Aiafi.

Both Lealailepule and Judge Saaga attend the same church where Talasa is a deacon.

In her ruling, Judge Saaga corrected for the record that she is not a church deacon but her husband.

She also explained that there are two church services and she and family attend the English service in the morning while Lealailepule attends the Samoan service.

She also cited grounds for dismissal from the recent case of Talalelei Pauga and Police where the application to remove the judge was also dismissed.

Defence counsel Fuimaono Josephine Sapolu informed Judge Saaga that the Supreme Court decision she cited has been appealed.

Suppression order a mystery
Judge Saaga pointed out an appeal application against her decision now before the Supreme Court emphasising a suppression order not to publicise her bail decision.

The decision delivered on 27^th April 2024 did not come with a suppression order then and the decision was publicised by the media at the time.

Last week when the matter was called, she raised the order again to the surprise of the defence counsel who informed her that there was no suppression order.

The order was news to the counsels involved in the case who believed that no suppression order was issued when Judge Talasa delivered her bail decision and there was nothing in their copy of decision.

However, Fuimaono said a court copy does have the order written on top of it and she wonders.

Another issue counsel raised outside court was if there was an order, why was the media not summoned for publicizing the decision or counsels for publicly elaborating on the decision when Judge Talasa delivered her decision.