Judge Warns Witness on Hearsay Evidence 

By Lagi Keresoma/

Apia, Samoa – 30 May 2025 – District Court Judge Talasa Atoa Saaga today warned Superintendent Tupai Sapani Leleimalefaga for his constant reference to hearsay evidence during his testimony this morning.

The Judge paused court proceedings then directly spoke to Tupai regarding the hearsay evidence he kept referring to.

“You give your evidence on what you know and have seen but refrain from repeating what other people or witnesses have said,” said Judge Saaga.

“Those people will come and give their own evidence, but you stick to yours,” she said.

She also explained that the cross examination is a chance given to the defense to ask questions.

“I know you have a lot of knowledge of the case hence the reason you were advised by your lawyer about hearsay and now I am warning you,” said Judge Saaga.

The Judge issued the warning after defense counsel Kathryn Dalziel told Tupai that she would ask the Judge to rule his evidence as “not credible” if he continued to use her questions to create stories.

Tupai’s evidence followed the sequence of events that had happened after he was given the case file in December 2022 to review and investigate the new information that surfaced from the investigation conducted by former Police Inspector Li’o Fa’ataumalama Auava.

Li’o’s investigation provided three key witnesses in the unresolved hit and run case; Samuelu (Sam) Su’a, Sivai Kepi and Marie Tusi after the police investigation failed to produce any evidence or witnesses.

All three witnesses had made statements and Tupai was tasked by Auapaau to review, interview and confirm their statements.

However, Tupai’s investigation led to police charging Li’o, two MPs and three others for conspiracy, defamation and providing police false information in the case now before the court.

Tupai is only the second of 76 police witnesses lined up to give evidence in the five-week trial now coming to the end of the first week.