Police Superintendent clarify why he did not interview key witness

By Lagi Keresoma/

Apia, Samoa – 03 May 2025 – Police Superintendent Tupai Sapani Leleimalefaga has told the court that the reason why he did not interview two key witnesses despite being instructed by the Police Commissioner to do so, was because the two witnesses did not want to.

The Superintendent continued to be cross examined by defence lawyers on the second week of the high-profile case where two Members of Parliament are facing defamation and conspiracy charges linked to the unresolved hit and run incident that killed a university student at Vaitele in April 2021.

While the police investigation did not produce any witnesses, a private investigation conducted by a Police Inspector under the instructions of the former Minister of Agriculture Laauli Leuatea Polataivao, did produce three witnesses in a couple, Sam and Sivai and Marie Tusi.

When this investigation report was given the Police Commissioner, Auapaau Logoitino Filipo instructed Superintendent Tupai to interview the witnesses again and verify their evidence.

When he gave evidence in the first week of the case, Auapaau was surprised when defence counsel pointed out that the police did not interview Sam and Sivai and only interviewed Marie Tusi.

“Sam did not want to change or add anything but was content with the statement he already made,” Tupai told the court.

He also confirmed that Sivai felt the same.

The only person that wanted to change her statement was Marie Tusi, Sivai’s niece whom Sam said was with him on the night of the accident.

Marie’s original statement supported Sam’s statement that they saw the accident. However, in her second statement, she denied what Sam said then confessed to Tupai that she was not with Sam on that night.

During cross examination, defence counsel Kathryn Dalziel told Tupai that the reason why he did not interview Sam or Sivai was because he was happy with what Marie had said.

Tupai denied it and said after Marie, they had to look very thoroughly at other people named in Sam’s statement and they got statements from them too that denied Sam’s statement.

The witnesses included Tupuola Alatanu Wright whom Sam said he bought cattle from and others he mentioned in his statement.

Dalziel asked Tupai if he checked out the validity of statements made by these people to which Tupai said “no.”

She then told Tupai that the reason why he did not do it was because he was happy with what they said, giving him something to charge Sam and Sivai.

The case continues in the second week of a five-week trial at the District Court.