Lefagaoalii Village Defendants Dispute Police Summary of Facts

By Lagi Keresoma/

Apia, Samoa – 13 December 2024 – The 12 defendants in the Lefagoalii hog-tie incident in September last year are disputing some of the issues raised in the police summary of facts.

All 12 defendants appeared before Justice Leiataualesa Daryl Clarke today to set a date for sentencing of the 11 defendants.

However, defence counsel Alex Su’a informed the court of the latest stance by his clients that dispute the police summary of facts.

Justice Clarke informed Su’a to liaise with prosecution in finalising the disputed issues and gave counsel until Monday next week to finalise it.

“This case is given priority and because defence counsel has raised issues relevant to sentencing such as alleged certain words issued by the complaints towards the deacon and matai, we have set a special fixture to hear the disputed factors,” said Justice Clarke.

The hearing for disputed issues will be heard on the 6 and 7 February 2025.

Misunderstanding on the Bail issue
The villagers are charged of kidnapping and assault which stemmed from an incident in September 2023 after the Alii ma Faipule of Lefagoalii ordered the untitled men to tie up Sooalo Manu and carried him on a yoke towards the village malae for punishment.

This was after the Catholic deacon lodged a complaint with the Alii ma Faipule of Sooalo’s alleged rude behaviour towards the deacon and village matais.

When the matter reached court, all 12 defendants entered not guilty pleas. However, as the legal process continued, 11 changed their not guilty pleas to guilty and were all remanded in custody two weeks ago to await sentencing.

They all applied for bail but were denied.

Only one maintained his not guilty plea and was granted bail on condition to await his day in court.

Whether it was a misunderstanding or the defendant’s family unaware of what today’s proceedings were, there was high expectation from them that bail would be granted today.

Before the court started, the Registrar asked Su’a and Probation officer if all documents needed were ready to which he was told “yes”.

However, the issue of bail never came up during proceedings and after finalising the special fixture dates for February 2025, Justice Clarke said “the defendants remain in custody until then.”

One of the Lefagoalii elderly matais farewell his family outside court.

Defendants to spend Christmas in jail
The normal process after a person hearing, they are immediately escorted back to the waiting cell, however, Court Orderly Inspector Toleafoa Keti gave the defendants and families 15 minutes.

It was a chance for the complainant Sooalo Manu to address the defendants.

“I am sorry that bail has not been granted and we have done and followed everything asked of us to provide, but we are not the court,” said Sooalo Manu.

The Lefagoalii EFKS Minister and another village chief also spoke words of encouragement and support for the defendants.

One of the defendants Toomago Pa’u Lasalo gave an emotional speech on behalf of the defendants and thanked their families and village for their support.

He tried to hold back tears, but could not.

“It is not what we expected but do not worry about us, we are well taken care of where we are, and we thank you all for the support, we also wish all of you a Merry Xmas and a Happy New Year,” said Pa’u.

The defendants age range from 24 to 75 years old.