Appeal to Recuse Judge from hearing Sam & Others Case dismissed

By Lagi Keresoma/

Apia, Samoa – 30 July 2024 – His Honour the Chief Justice, Satiu Simativa Perese has dismissed the appeal to recuse District Court Senior Judge Talasa Atoa Saaga from hearing the longstanding case against Samuelu (Sam) Su’a and others that relates to the unresolved hit and run traffic case at Vaitele in April 2021.

Samuelu is jointly charged with four others including his wife Sivai Kepi, dismissed Police Inspector Li’o Fa’ataumalama Auava, Member of Parliament Fepuleai Fa’asavalu Su’a and Lisemarie Schmidt.

The appeal was filed by Samuelu and Sivai on the grounds that they were not allowed to challenge part of Judge Saaga’s explanation in her decision which they thought “prejudiced” the decision.

Their argument was based on the grounds that Judge Saaga and the police key witness in the upcoming case attend the same church.

“Respectfully, I can take the matter no further,” ruled Chief Justice Perese. “I find that there was no proper basis upon which the application for recusal was based but on the ground of religious interactions/familiarity was brought in the first place.”

The Appellants also challenged Judge Saaga’s decision on Samuelu’s bail as “predetermined and biased.”

“This ground is hopeless, as well. A bail application proceeds in a summary way, where the evidence is not tested, but must nevertheless be evaluated in a preliminary way. It is not appropriate to make final findings of fact going to credibility,” said Chief Justice Perese.

Denial of right to represent by counsel of choice
All five Appellants challenged the alleged denial of their rights to be represented by counsels of their choice.

In previous arguments, the Appellants informed the Court that they have engaged lawyers from overseas to assist their local counsels in their hearing but were only available in May or June 2025 hence their application to adjourn the hearing to next year.

There have been many adjournments due to applications from all parties to the matter and Judge Saaga set the hearing date to 20 May 2024 and all counsels agreed.

With the exception of Samuelu and Sivai who informed the Court that they have engaged overseas counsels, the others did not.

On scheduled day for the hearing, all counsel representing the Appellants in the criminal hearing applied for an adjournment to next year.

Judge Saaga declined the application and set the hearing for 26 August to 27 September 2024.

In passing judgement on the appeal, Chief Justice Perese noted that the immediate concern is the advice of counsel for the 3rd, 4th and 5th Appellants that the proposed hearing dates cut across other instructions in the Supreme Court.

“It means if these counsel are not able to appear for the Appellant clients, these parties would need to instruct new counsels,” he said.

He also noted that there are longstanding matters scheduled in the Supreme Court where two counsels representing the Appellants are involved.

“I grant the appeal concerning the fixture and vacate the hearing date of 26 August 2024. I refer the matter back to the learned Judge to set a new date for hearing,” said Chief Justice Perese.