Second Police Witness Labelled a “Fix-up-Guy” 

By Lagi Keresoma/

Apia, Samoa – 30 May 2025 – The second police witness in the high-profile defamation case now in progress at the District Court, has been labelled by the defence counsel a “fix-up-guy.”

Counsel Kathryn Dalziel representing defendants Samuelu (Sam) Su’a and his wife Sivai Kepi, took the investigating officer, Superintendent Tupai Sapani Leleimalefaga to task for “contradicting evidence” and “making things up to fix the gaps in the case.”

It was noted that Tupai provided new information when cross-examined yesterday defence counsel Kathryn Dalziel suggested that the new information surfaced because Tupai and Police Commissioner Auapaau Logoitino Filipo who was prosecutions first witness, had had a conversation last night.

Dalziel suggested that Auapaau must have informed Tupai that the weakness of the case was because he did not interview Sam and Sivai when instructed to do so.

“The reason you are making things up is to fix the gaps in the case,” said Dalziel.

Contradicting evidence
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; Samuelu (Sam) Su’a, Sivai Kepi and Marie Tusi.

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

Tupai’s evidence was that the investigation started after relocating the witnesses from the Moanalisa Hotel at Vaitele to Lynn’s Motel at Motootua on 8 June 2023.

After meeting with the witnesses, on 9 June 2023, it was decided that Sam and Marie would accompany Tupai and his team to the scene of the crime and Sivai to remain at the motel.

There were several instances where Tupai’s oral testimony contradicted his statement and the investigation report.

His evidence was that Sam and Marie accompanied his team to the scene of the crime as they wanted to re-enact what happened on the night of the accident as described by Sam in his statement.

However, during cross-examination, it came to light that Tupai had lied.

Tupai was asked if Sam accompanied Marie and the team to the site visit (where the accident happened) and he said “yes”.

Dalziel then put it to Tupai that Sam never accompanied them to the site visit but Tupai insisted that Sam was with them.

“Then why is there no mention of that in your statement?” asked Dalziel.

“I am not sure, maybe it’s in the report,” said Tupai.

Dalziel informed him that it was not in the report either.

Tupai then admitted that it was not in the report but said Sam did accompany them.

Dalziel put it to Tupai that for a police officer with a long standing history, how could he forgot to enter such an important point.

Tupai said that if he had missed to enter it in the report, there are people who know Sam did go with them. He then went on to talk about so much “fabricated information.”

Dalziel intervened and pointed out that Tupai had said so much, yet, he had not shown the defense any file, notes, running sheets or notebook to justify what he said.

“There was also no notebook entry of a site visit,” said Dalziel.

“Others can confirm that we went with Sam……” but Dalziel did not let him finish.

She reminded Tupai, as an investigated officer, he has to have a notebook as required by the Police Menu.

“Yes, but what is more important is what that is presented in Court. If we miss something, that’s an oversight on our part,” said Tupai.

Dalziel pointed out to Tupai that Sam is a key witness, yet, they forgot to fill the procedure notebook entry.

Tupai tried to bring up the file again but Dalziel said he was “lying.”

She told Tupai that a notebook is his source of strength in court and Tupai agreed.

Photos of the Deceased’s Injuries
The other area Dalziel raised were the deceased’s injuries.

In  Sam’s statement, he described in detail the injuries on the deceased’s face, jaw and body which were corroborated by Tupai.

Sam said he is the witness to the accident and he took photos of the deceased on the scene before he and Marie left.

“It’s impossible to see the injuries because it was dark,” said Tupai.

Dalziel said Sam knows the injuries and he could not have known if he was not there.

“Yes, but if measured by the position of 10 meters where the photos were taken from, it’s impossible,” said Tupai.

Dalziel reminded Tupai of Sam’s statement where he said he moved closer to the deceased and snapped a few photos and Tupai had no explanation how Sam could have known about the injuries then suggested that perhaps the photos were leaked out.

Dalziel asked if there were photos taken on the night of the incident and Tupai was not sure if there were any.

He said the Ministry of Police has a Forensic Unit that safeguard photos but he is not sure. He said the photos in the file given to him were the same ones from the first investigation in 2021.

He also suggested that the Mormon Church located not far from where the deceased died did not have lights  because it was an old church then.

But the record shows that the Mormon Church surrounded by lights was christened in October 2019 and the unresolved hit and run accident happened in April 2021.

“So you ignore Sam’s remarkable ability to know the injuries because you say he did not see the accident,” said Dalziel.

“We did not ignore it but we wanted to confirm it, ” said Tupai.

“Tried to confirm he (Sam) lied?” she asked.

“That’s not right,” responded Tupai.

His testimony continues today.