Court
Prosecution Labels Samuelu Su’a a ‘Flight Risk”
By Lagi Keresoma/
Apia, SAMOA – 31 May 2024 – The defendant in the conspiracy case Samuelu Su’a has been labelled by Prosecutor Taimalelagi Leinafo Strickland as a “flight risk” hence her opposition to bail.
Sam’s bail appeal decision was supposed to be delivered last Friday; however, Supreme Court Justice Vui Clarence Nelson ruled to release only his wife Sivai Kepi on bail but returned Sam to prison after prosecution raised the issue of Samuelu’s multiple aliases.
At the District Court yesterday, the issue of Samuelu’s alleged multiple aliases was one of two preliminary matters argued before Judge Talasa Atoa Saaga.
The Prosecutor was concerned that if Samuelu was released on bail, he could leave the country pointing the accused’s two birth certificates with different names.
One birth certificate has the name Fauiga Piki Su’a and the other goes by the name of Samuelu Lavasi’i, said the prosecuter.
Samuelu’s counsel Unasa Iuni Sapolu denied the allegation and referred the Court to Samuelu’s affidavit where he provided a birth certificate with the name Samuelu Lavasi’i, born 13th January 1983 on it.
“Prosecution did not dispute this and there was no evidence prosecution disputed the defendant’s identity on the birth certificate,” said Unasa.
Prosecution then referenced Samuelu’s former counsel Fetu Lagaaia who confirmed then the two birth certificates provided by prosecution.
Unasa informed the Court that she had already requested Justice Nelson that she wanted to cross-examine Superintendent Tupa’i Sapani Leleimalefaga whose affidavit mentions the two different birth certificates.
Judge Saaga informed both counsels to provide submissions and she will rule on it on 7 June 2024.
No specific location of places where the offences happened
The second preliminary hearing was on the “location and named Samoa” on the trial documents against Samuelu and other four defendants.
According to counsel Muriel Lui who is representing two of the 5 defendants, the trial documents are not specific about the location her clients allegedly committed the offences.
Muriel Lui, lawyer for MP Fepuleai Faimata and Lisemarie Schmidt.
She said the information on more than100 charges against all defendants generally say the offences happened in Samoa and she asked the Court to amend the documents and have prosecution identify or specify the exact locations where the offences took place.
She said the exact location of the offence is crucial in the conspiracy charges against her clients and prosecution needs to disclose efficient information.
Prosecution responded that there are so many locations and it was “impractical and impossible” to specify specific locations as it was unable to narrow it down and that is why on all trial document’s they put Samoa generally as the location.
“Are you not in a position to name the locations,” asked Judge Saaga.
The Prosecution then submitted a few locations such as Siumu, Malololelei, the Government building, some private residents and 3 hotels.
“There are many locations and Samoa encompasses them all,” said the prosecution.
Judge Saaga asked Muriel if she had authority.
“No but I rely on the Constitution and by law, the defendant has the right to the particulars of the representative charge and it is the job of the lawyer to provide them,” said Muriel.
Witnesses not directly involved in case
One of the issues clarified by the Prosecution was their eighty witnesses they will calling for the case.
“Some of the witnesses have no knowledge or direct involvement in the case,” said the prosecution.
She said the only reason why they are witnesses is because they have been named by the defendants and they can either accept or rebut the defence.
Judge Saaga’s ruling on this particular issue will be delivered on 14 June 2024.
Judge sets substantive hearing in August
The application by all defence counsels to adjourn the hearing to next year was declined and Judge Saaga has set 26 August to 27 September 2024 for the 5 weeks hearing.
Defendants & Counsels
Samuelu Su’a and Sivai Kepi are represented by Unasa Iuni and Fuimaono Josephine Sapolu. They face 163 charges together.
Member of Parliament Fepulea’i Faimata Su’a and Lisemarie Schmidt are represented by Muriel Lui. Both face 22 charges.
Li’o Fa’ataumalama Auava is facing 9 charges and is represented by Tanya Toailoa.
All defendants have engaged overseas counsels to assist their lawyers in the hearing.