Kings Counsel calls Police Commissioner “Corrupt”

By Lagi Keresoma/

Apia, Samoa – 29 May 2025 – Kings Council Richard Merchant, representing Laauli Leueatea Polataivao Schmidt and others in a 5 weeks trial in progress in the District Court, has called the Police Commissioner Auapaau Logoitino Filipo “corrupt”.

Merchant was giving closing remarks after 3 days of his cross examination of the Commissioner stating that as a Police Commissioner, Auapaau had “infected police with poison so they actively put pressure on restoring his reputation.”

In his defence, Auaapau addressed the Judge saying “corrupt” was too strong a word. There was no reaction from Judge Talasa Atoa Saaga who kept on writing.

To justify his argument, Merchant highlighted the issues that include re-employing police officers who had been terminated with poor records, loss of objectivity and bribery.

Re-employing terminated police officers
Merchant wanted to know Auapaau’s view on employing and re-employing employees.

He suggested if this was based on integrity and as the Police Commissioner, does he expect  the employees to meet high standards.

Auapaau said said “yes, overall and that would be on a case by case basis.”

Merchant pointed out Corporal Ieremia Su’a who had been accused of negligence and with a poor record after case files went missing. He asked Auapaau why Su’a was re-employed knowing that he was responsible for the “lost case files.”

Auapaau clarified that Su’a was not terminated but formally resigned and moved with his family to American Samoa. “The only people that cannot be re-employed are those terminated.”

He also confirmed that when Su’a returned to Samoa, he reapplied and as with the Ministry procedure, his application was assessed before acceptance.

Pushing for a seat inside the small court room as the case progresses in its first week.

Ieremia Su’a is one of the Prosecution witness and Merchant asked Auapaau if he regarded Su’a’s evidence critical to the prosecutions case.

Auapaau said all witnesses in this case are important.

Su’a had provided a witness statement for the case while in American Samoa and Merchant put it to Auapaau that he had bribed and promised Su’a a job in return for a witness statement.

Auapaau strongly denied Merchants accusation saying that Su’a was not the only police officer re-employed by the Ministry.

“Any other witnesses re-employed?” asked Merchant.

“Not sure,” Auapaau replied.

“So only Ieremia was re-employed?” asked Merchant.

Auapaau said,”Maybe.”

Bribery or gift?
Auapaau told the court that he has an open door policy for everyone and that was how another prosecution witness, Tupuola Alatanu Wright happened to see him in his office.

Auapapau said Tupuola came to see him regarding his brother Mano who was in police custody for an incident where he pointed a gun at his neighbour.

According to Merchant, Auapaau assisted in the release of Mano from prison and Tupuola gave him $500 as a thank you gesture.

Auapaau denied it, then clarified the process of releasing those held in custody.

“I told Tupuola that I do not have the authority to release anyone but only the Court Registrar,” said Auapaau.

Merchant countered by accusing Auapaau of assisting Tupuola by way of ensuring a Registrar was available to bail out Mano.

There is also the occasion where Tupuola requested a protection order against the defendant Samuelu (Sam) Su’a who allegedly threatened Tupuola’s elderly mother.

Auapaau said Sam had asked Tupuola’s mother to encourage her son (Tupuola) to lie that he (Sam) had bought cattle from Tupuola.

Merchant said the request is related to the investigation which was currently carried out then for the matter now before the court. However, Auapaau, instead of handing it over to the investigative team led by Tupa’i Sapani Leleimalefaga, he referred it to the Domestic Violence Unit (DVU).

Auapaau said the DVU is responsible for protection orders hence the referral.

A week later after assisting Tupuola, a witness statement from Tupuola submitted that he never sold cattle to Sam.

Lost objectivity & corrupt
As Merchants cross examination came to a close, he pointed out to Auapaau that he had “lost objectivity because of the impact of the case on him.”

Auapaau countered that what Merchant said was his own opinion.

“You are corrupt.  Why didn’t you refer Tupuola to the investigative team? He is a critical witness and you spoke to him before anyone else,” stated Merchant.

Auapaau then addressed Judge Talasa Atoa Saaga saying, “corrupt is too strong word.” There was no reaction from the Judge.

Merchant pushed on.

“How much did you offer?” Merchant asked.

“Nothing. I am not corrupt,” Auapaau responded.

Merchant pointed out that people are calling him corrupt and Sam too in the video that went viral in 2023.

Auapaau reminded Merchant that Sam only came forward with “fabricated information” two years after the (hit and run) incident at Vaitele on 21 April 2021.

In his closing remarks, Merchant emphasized that Auapaau as a Police Commissioner, had “infected police with poison so they actively put pressure on restoring his reputation.”

The case continues with the Prosecution’s second witness, Tupa’i Sapani Leleimalefaga who led the second investigative team into the unresolved hit and run case.