Police Commissioner Surprised by Police Failure to Speak to Witnesses

By Lagi Keresoma/

Apia, Samoa – 27 May 2025 – Police Commissioner Auapaau Logoitino Filipo was surprised when told by defence counsel Richard Merchant that the investigative officer in the current case heard in the District Court, Tupa’i Sapani Leleimalefaga, did not speak to the witnesses Samuelu (Sam) Sua and his wife Sivai Kepi as instructed.

The Commissioner said he was surprised that Tupa’i only spoke to one witness, Marie Tusi.

Auapaau is continuing his evidence in the defamation case against Sam and Sivai and it was during cross examination late yesterday that he realised after Merchant informed him that Tupa’i never spoke to Sam and Sivai to verify their statements.

According to Auapaau, he instructed Tupa’i to speak to the 3 witnesses mentioned in the investigation report conducted by former police inspector, Li’o Faataumalamala Auava under instructions of former Minister of Agriculture, Laaulialemalietoa Leuatea Polataivao Schmidt.

Auapaau’s evidence was that after meeting with Laauli, the Minister of Police Faualo Harry Schuster and Li’o at Laauli’s office, he instructed Tupa’i to speak to the 3 witnesses and verify their statements.

“Did you expect Tupa’i to speak to all 3 witnesses,” asked Merchant.

Auapaau said “yes” and he believed that was done.

“Does it surprise you that he (Tupa’i) never spoke to Sam or Sivai?” asked Merchant.

“I do not know,” responded Auapaau.

Merchant informed Auapaau that there is no evidence that Tupa’i ever spoke with Sam and Sivai and Auapaau said “I just know now.”

Merchant then asked Auapaau how they determined the truth if Tupa’i did not speak with Sam or Sivai.

Auapaau said there are various police tactics used and that Tupa’i uses a different method in his investigation.

The Prosecutor then intervened and reminded the court that Auapaau was not involved with the investigation and that Tupa’i will give evidence on the line of questioning conducted by Merchant.

SEQUENCE OF INVESTIGATION INTO UNRESOLVED HIT & RUN CASE
The first investigation was conducted by the Faleata Police Outpost in 2021 and the report was given to the Deputy Police Commissioner and although it reached a “dead-end”, the case was still open.

In December 2022, the case file was handed over to the head of the Traffic Division, Tupai Sapani Leleimalefaga for further investigation.

Sometime in May 2023, the defendant, Fepuleai Faimata Su’a attempted to get the case file from Tupa’i. Fepuleai also told Tupa’i that there was an investigation already conducted by their team  and they have witnesses but did not identify the witness.

In July 2023, Auapaau was summoned by Laauli and he met him and present at that meeting were Faualo and Li’o.  It was during this meeting that Auapaau
found out about the investigation conducted by Li’o and others.

Laauli informed Auapaau of the new evidence and the witnesses who claimed the person alleged to be the driver of the vehicle that killed Tu’uau Maletino was Lealailepule and he should be arrested.

After explaining the process police must follow, Auapaau and Li’o left  together. It was then that Auapaau instructed Tupa’i to remove the 3 witnesses who were staying at the Moanalisa Hotel at Vaitele and relocate them to Lynn’s Motel at Motootua under the Ministry’s budget.

He also instructed Tupa’i to get the witness’s statement from their legal counsels and talk to them and verify their statements.

During cross examination, it was put to Auapaau that Tupa’i never spoke to Sam or Sivai to verify their statements but only to Marie.

Auapaau said he is surprised and it’s the first time he’s heard of it.

He also confirmed that the only charges laid against Sam and Sivai was defamation.

Merchant then asked if defamation was the only charge and Tupa’i never spoke to Sam and Sivai, where did the conspiracy and fabrication charges originate from.

“From the people investigated during the second investigation,” said Auapaau.

Merchant pushed on wanting to know “what people” especially when Tupa’i never spoke to Sam or Sivai.

“I don’t know because I was not involved in the investigation, ” said Auapaau.

NO PROOF OF ALLEGATION 
Auapaau gave Tupa’i 3 weeks to investigate the 3 witnesses statements, but Tupa’i did it in two weeks.

He reported to Auapaau that there was no proof of any allegations by Sam and Auapaau gave him another week to recheck if he had missed anything.

Tupa’i however returned with the same outcome, then Auapaau visited Laauli at his home to inform him of the outcome of the investigation.

“Laauli did not accept our finding,” said Auapaau.

The case continues in the District Court today with Judge Talasa Atoa Saaga presiding.