Court

Supreme Court denies Samelu’s bail application

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Samuelu Su'a is facing 104 charges.

By Lagi Keresoma/

Apia, Samoa – 17 August 2024 – Supreme Court Senior Justice Vui Clarence Nelson has denied Samuelu Su’a’s bail application which means the accused will remain in custody for the next 9 months until the full hearing set down for May 2025.

Samuelu is facing 104 charges alleging misleading the police, fabrication of evidence, attempt to pervert the course of justice and various counts of conspiracy among others.

In his decision, Justice Nelson said there is a real and significant risk that if Samuelu is bailed, he will fail to appear for trial given his past history and uncanny ability to evade the police by using his many aliases for differing purposes.

He said the court is also satisfied that Samuelu had tampered with the evidence of prosecution witnesses and there is also a risk he will continue do so if bailed.

The Court is concerned that being a former police informant, the accused’s safety may be an issue.

“To this end, the Prison authorities are directed that he continued to be held in isolation away from the general population and further, the authorities to take any further steps necessary for his safe keeping,” said Justice Nelson.

There is also no evidence that the defendant suffers from any medical conditions that would require his release on medical grounds.

Justice Nelson said that the indication from his family of Samuelu suffering from sudden seizures is not supported by any medical evidence.

The final reason is that since the defendants are all related, “the solution to the matter of a 9month delay for trial is one that lies within in their own control.”

Suppression order lifted
Justice Nelson said given the significant publicity already given to this matter, the suppression order issued by the District Court to prohibit publication of details of a ruling made in February is lifted.

Decision – Samuelu Su’a v Police 16 Aug 24

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