Counsel Halts Delivery of Decision on Police Disciplinary Tribunal Findings

By Lagi Keresoma/

Apia, SAMOA – 21 May 2024 – The Kings Counsel (KC) Morgan Philips who represented suspended Police Inspector Li’o Fa’ataumalama Auava in a tribunal disciplinary hearing two weeks ago, has halted the delivery of a final decision upon his client until legal advice is sought.

In a letter dated 20 May 2024 to Police Commissioner Auapaau Logoitino Filipo, Philips noted that a meeting was to take place Monday at 2.00pm where it was purported that a “penalty decision” was to be given to his client.

“On behalf of my client, I do not accept that any penalty decision can occur, whether any decision is made or delivered until my client has seen, considered and if necessary, taken legal advice upon the disciplinary tribunal decision,” said Philips.

He also highlighted in the letter that his client has the right to make submissions pursuant to section 37 of the Police Service Regulations.

Philips and his client have yet to receive a copy of the tribunal disciplinary decision and he has asked to provide copies for them both.

The disciplinary tribunal panel has found Li’o guilty of three charges and his co-defendant Henifa Bryce with one charge.

The normal process when the tribunal reaches a decision, the matter is then referred to the Commissioner for a final decision.

However, Commissioner Auapaau being one of the witnesses against Li’o cannot make the final decision so the matter has been passed down to one of his Deputy Commissioners.

The final decision is now scheduled to be delivered on the 31 May 2024.