We could lose witnesses if case is delayed says Prosecutor

By Lagi Keresoma/

Apia, SAMOA – 21 May 2024 – Prosecutor Taimalelagi Leinafo Strickland is concerned that a delay in hearing Samuelu Su’a and others criminal cases could result in prosecution losing witnesses or being discouraged to give evidence.

Taimalelagi pointed out in response to an application from three defence counsels, Muriel Lui, Tanya Toailoa and Unasa Iuni Sapolu to adjourn the hearing to next year.

The application is based on the non-availability of overseas counsels to sit in the two weeks hearing scheduled to start yesterday and the delay in obtaining translation of trial documents to be presented to defence counsels.

The two Kings Counsels will only be available in March and April 2025 hence the application.

Defence counsels also informed the Court of the normal process of having translated trial documents available to the defence which prosecutions has yet to provide.

Taimalelagi admitted that out of their 80 witnesses, 70 have had their evidence translated and they are working on finalising the rest.

She also highlighted the need to hear the matter due to the severity and context of the charges and the critical comments on social media against the defendants, the complainants and everyone involved in the case.

Given the number of police witnesses, the defence counsels asked for a 4 weeks trial instead of two.

Judge firm on hearing the case this year
The adjournment did not sit well with Presiding Judge Talasa Atoa Saaga who reminded counsels that when she delivered her bail decision on 27 February 2024, she also informed counsels of the date of the hearing set on 20 May 2024. Counsels indicated their availability and all agreed on the date.

There was no indication then from counsels except Sam and Sivai’s former counsel Fetu Lagaaia who informed the court of engaging an overseas counsel and a two week hearing was then scheduled.

Judge Saaga reminded counsels that there are only 4 district courts and from 2018 to 2024, 52,000 cases have been brought to the district court.

Whilst the Judge understood the concern raised by the defence counsels for a fair trial, she also pointed out that only 86% of the 52,000 cases have been heard, so counsels need to consider the schedule of the court.

She is not entertaining an adjournment to next year but is determined to have the hearing this year and gave counsels the months of June, July, August and November to decide on and adjourned the matter to tomorrow for counsels to notify their overseas counterparts.

However, counsels informed the court that they have cases scheduled on some of those months and asked for more time as they need to discuss it amongst local counsels before informing the overseas counsels.

Judge Saaga granted the application and adjourned the matter to Friday for re-mention.

Consideration for Sam & Sivai’s bail
Counsel Unasa Iuni Sapolu said an adjournment is certain and for the Judge to consider bail for her client Sam and Sivai.

Judge Saaga reminded counsel that the appeal for the bail application is now before the Supreme Court for a decision and it is best to leave it with them.

Unasa however reminded Judge Saaga of a provision in the law that gives a Judge such authority over such matters.

“That is why I adjourned it to tomorrow but it seems counsels need more time,” she said.

Unasa accepted the Judges response and agreed to wait for the Supreme Court decision.

Defendants & Charges
The defendants are Samuelu and wife Sivai Kepi, Police Inspector Li’o Fa’ataumalama Auava, Member of Parliament Fepulea’i Fa’asavalu Su’a and Lisemarie Schmidt.

Samuelu is facing 104 charges, Sivai 59, Fepulea’i 18, Li’o 9 and Lise 4.

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

Whilst some of the charges are against individual defendants, there are some charges which all five are jointly charged with.

Counsels for the case are Prosecutor Taimalelagi Leinafo Strickland, Unasa Iuni Sapolu representing Samuelu Su’a and Sivai Kepi, Muriel Lui for Fepuleai Su’a and Lisemarie Schmidt and Tanya Toailoa representing Li’o Faataumalama Auava.