Supreme Court Revoke La’auli’s Bail Conditions as Unreasonable

By Lagi Keresoma/

Apia, Samoa – 24 May 2025 – Supreme Court Justice Niava Mata Tuatagaloa has revoked two bail conditions against the Fa’atuatua i le Atua Samoa ua Tasi (FAST) party leader Laaulialemalietoa Leuatea Polataivao Schmidt.

In her decision delivered yesterday, Tuatagaloa ruled that “I am persuaded as to the bona fides of this appeal and that the two contested bail conditions are not reasonably necessary under the circumstances.”

Laauli’s appeal challenged the two bail conditions imposed by District Court Judge, Talasa Saaga Atoa to surrender travel documents and signing at the Faleata police outpost every Friday.

Judge Sa’aga reasons of imposing bail were:
* the Appellant is not bailable as of right  but at the discretion of the court.
* the charges against the Appellant are serious.
* the proposed bail by the Prosecution are standard conditions.
* the Appellants co-defendant are all remanded on bail conditions and the Appellant can apply for similar bail variations.
* the Appellants prominence and social status in society were also taken into account.

GROUNDS OF APPEAL
The appeal pointed to several aspects which cited Judge Saaga’s:
* failure to consider section 99 and 106 of the CP Act 2016.
*failure to consider the Appellants constitutional right to freedom of movement.
* failure to consider that every defendant must be assessed in their own circumstances  when considering bail.
* failure to consider the unique circumstances of the defendant that supported the fact  that he is not a flight risk nor at risk of absconding or not appearing in court.
*failure to consider the fact  that there were already various precedents in her court that allowed defendants to be bailed at liberty.

There were also supporting aspects for the  appeal such as:
* The Appellant has dedicate his career to public service representing his constituency as a Member of Parliament for most of his adult life and intends to contest in the upcoming general election.
* He is committed to clearing his name, has deep community ties, owns several businesses and lived in Samoa his entire life.

*As the leader of the FAST political party, he is required to travel overseas periodically  to meet party supporters  and there will be a nation wide roadshow by the FAST party .

OPPOSITION TO APPEAL
Police opposed the appeal on the grounds that the bail condition imposed are within “sound judicial  discretion of the court.”
As well, the matters considered by the Judge are relevant consideration of the bail conditions imposed and all relevant factors were considered and the Judge did not err in law or fact.

DECISION
“I am persuaded as to the bona fides of this appeal and that the two contested bail conditions are not reasonably necessary under the circumstances.
The two bail conditions of surrendering passport and reporting to police are revoked.”

INCONVENIENCE
Following the court decision, La’auli told the media that he had been subjected to so much inconvenience in the last five months. “As a Party Leader, Member of Parliament and head of my family, I had been through so much inconvenience and I had to forego a lot of my duties that required overseas travel due to the bail conditions imposed,” he said.

He told the media that he had no intention at all to leave or run away from Samoa.

“I was born here and I have served my family, church, village, constituency and country and will continue to do so; and I intend to die and be buried here,” he stated.

The first case where the FAST Party Leader is jointly charged with five others, starts at the District Court on Monday with Judge Talasa Atoa Saaga presiding and the case is set down for five weeks.