Defence Counsel Accuses Police Investigator of Overcharging Defendants

By Lagi Keresoma/

Apia, Samoa – 04 June 2025 – Superintendent Tupai Sapani Leleimalefaga who led the second investigation into the unresolved hit and run incident at Vaitele on 21 April 2021 has been accused of overcharging two of the 6 defendants in a high profile case currently before the District Court.

The defendants are Samuelu (Sam) Sua and his wife Sivai Kepi.

Tupai confirmed that he was responsible for filing the charges against Sam and Sivai.

In his report after the second investigation, he recommended 6 charges against the defendants  but were never filed.

Defense counsel Kathryn Dalziel wanted to know why the defendants were not charged after the investigation but only did it after Sam’s interview on the Tautai A’e  program that went viral in 2023.

The charges then came to 16 fabrication, 16 misleading and 2 of trying to defeat the cause of justice against Sam. For Sivai, there are 21 misleading, 21 fabrication and 2 of attempting to defeat the cause of justice.

“You overcharged them, haven’t you?” asked Dalziel.

“No, I believe these are the charges they should be charged with,” responded Tupai.

Dalziel identified one of the charges where Sivai was only recalling to the police what happened on the day Sam arrived home early from work, how upset she was that Sam did not assist with the chores or help her father.

Dalziel told Tupai that he rushed to lay charges without any evidence to corroborate the charges.

“That is your own view,” said Tupai.

“You lack care when you lay the charges,” Dalziel responded.

She then pointed out evidence that corroborates Tupai’s lack of care.

No facts, no running sheet notes to prove the charges
Throughout his evidence, he insisted that as the leading investigative officer, he has the final say in everything including the laying of charges.

Dalziel was quick to point out Tupai’s lack of care and negligence in dealing with her clients and this is evident when he put the same village  information for Sam and Sivai.

“I am not sure if allegation is correct,” said Tupai.

Dalziel said Tupai laid 21 charges yet there were no facts, no running sheet notes nothing to prove the charges.

She calls the amount of charge “ridiculous” and Tupai as negligent.

“Sivai is just a witness, and the charges are unfair and unreasonable,” she said.

Tupai said his view as an investigator s that the charges are correct, but Dalziel said the many charges laid on her clients were designed to scare them.

The case continues.