Lawyer tells Police Commissioner not to Mislead the Court

By Lagi Keresoma/

Apia, SAMOA – 28 May 2025 – In the second day of cross examination, defence counsel Richard Merchant twice told the Police Commissioner, Auapaau Logoitino Filipo not to mislead the court.

During yesterday’s proceedings, Merchant continued his cross examination from Monday reminding Auapaau of his “encouragement to file defamation charges against Sam and Sivai.”

On Monday, Auapaau admitted that he encouraged the laying of charges against the defendants, but yesterday, he denied everything and even said at one point that “he did not remember what he said the day before.”

Merchant’s line of questioning touched on why the defamation charges against the defendants were not treated as a civil matter rather than criminal.

Auapaau said defamation is an offence and Merchant asked if he had considered a civil claim against the defendants to which he said he thought about it.

“Instead you encouraged your subordinates to charge Sam,” asked Merchant.

“I did not make the decision to file charges but the team that conducted the  investigation because I filed a complaint,” said Auapaau.

Merchant reminded Auapaau that what he just said never came up yesterday but Auapaau insisted that the decision to lay charges was by the investigative team.

Merchant reminded Auapaau that on more than one occasion during the previous day’s cross examination, he admitted that it was he encouraged the investigative team to charge Sam and Sivai.

Auapaau said he gave advice to the investigative team  after Sam’s interview but Merchant accused Auapaau of trying to dodge the reality of what he said.

Police Commissioner Auapaau Logoitino Filipo arriving in court to give evidence.

Auapaau then said he could not remember and sought the judges indulgence that he had already responded to the same question put to him by defence counsel several times.

Merchant continued to pursue the issue.

“It does not suit you to remember or is it convenient for you not to remember?” asked Merchant.

Auapaau said he could not remember.

“Do you have a bad memory when it suits you?” asked Merchant.

“Your Honour, the question is inappropriate,” responded Auapaau.

The cycle of questions and answers between the two prompted Merchant to point out that the witness was “arrogant enough not to respond to the questions.”

He then put it to Auapaau to stop misleading the court and answer simple questions on a yes or no basis.  He also called him a liar after what seemed like a merry-go-round cycle in responding to Merchant’s questions.

Merchant then returned to the issue of “personal interest” pointing out that it was the driving force behind the pressure on Sam and Sivai so his (Auapaau’s) reputation is restored.

Auapaau denied it and said the only reason for the investigation is to clear “unfounded allegations by Sam” and he also believed that this particular case is based on “fabricated information.”

A tip-off and a notebook
On 7th May 2021, a police officer received a “tip-off” or lead about the case and Auapaau was asked if he was aware of it.

Auapaau said a tip-off is just information passed on and Merchant asked why there was no statement about the “tip-off” in the case file.

“I do not know, maybe the investigative office cleared the tip-off,” said Auapaau.

Merchant said that for important information such as a tip-off, did it not occur to his (Auapaau’s) mind to put it down as evidence to which Auapaau said perhaps the investigative officer has a notebook.

“Maybe the investigative officer has a note book or running sheet, I cannot respond to that,” said Auapaau.

At one point, Auapaau was reluctant to respond to some of the questions because the investigation into the unresolved hit and run incident of April 2021 which killed a university student was still an open case.

Investigative Officer promoted to Superintendent 
Merchant wanted to know why the case file was transferred to the Head of the Traffic division, Tupa’i Sapani Leleimalefaga, rather than leaving it with the original investigative team.

Auapaau told the Court that he had just been appointed Police Commissioner and the Police department was going through a reshuffle and Tupa’i was transferred to Traffic while the then head of traffic was transferred to the Criminal Investigative Division (CID).

Auapaau said he wanted a new perspective and a review of the file and because it was a traffic matter, he decided to hand the file over to Tupa’i.

Tupa’i then conducted the second investigation and Merchant said it was because the first investigation was challenged by the outcome of former police Inspector Li’o Faataumalama Auava’s investigation which provided Sam, Sivai and Marie Tusi as witnesses.

Merchant also pointed out that it was Tupa’i who filed the charges against the defendants on Auapaau’s instructions and because of Tupai’s action, Auapaau accepted the recommendation to promote Tupa’i to the rank of Superintendent within the Ministry of Police in 2023.

Auapaau denied Merchant’s statement and clarified the process promotions are conducted which is done by a Select Committee then go through a panel which consists of the Ministry’s Human Resource Manager and two high ranking police officers.

He also said there were other officers promoted to the same rank as Tupa’i on that day.

“I put it to you that because you were happy with Tupai’s work after encouraging him to lay charges, you agreed to the promotion?” asked Merchant.

“That is not correct. The panel selects the recipients then passes it down to me for recommendation to the Minister of Police for his approval,” said Auapaau.

He denied that Tupai’s promotion had anything to do with the case file but on his own merit.

Auapaau continues to take the stand today under cross examination by defence counsels before Prosecution has the chance for re-cross examination.

Prosecution has 76 witnesses and their first witness testimony has extended to three days i a five week trial before District Court Judge Talasa Atoa Saaga.