Police Witness Accused of Providing a Spontaneous Statement as Evidence

By Lagi Keresoma/

Apia, Samoa – 05 June 2025 – During defense counsel Maposua Tanya Toailoa’s cross examination yesterday that the witness, Superintendent Tupai Sapani Leleimalefaga provided what Maposua called a “spontaneous statement” as evidence in court.

Maposua said Tupa’i’s evidence was based on a “casual conversation” with her client Li’o Faataumalama Auava and that Li’o had admitted that his “mistake was listening to Laauli.” (Laaulialemalietoa Leuatea Polataivao Schmidt is one of the 6 defendants in the case).

A spontaneous statement is something that came out of an informal conversation.

“Where is the record that Li’o said he was wrong to listen to Laauli?” asked Maposua.

Tupai said there is no record because they recorded only evidence to support the investigation and did not want to put any hearsay in the report.

Tupai said he and Li’o have a close bond and they often talk casually about the case, so when Li’o said he was wrong, Tupai asked Lio to provide a written statement.

“I believe Li’o should be charged,” said Tupai.

Maposua however put to Tupai that the statement allegedly made by Li’o, is to discredit Li’o and have him concede he was wrong.

“It was our casual conversation and there will be witnesses to testify to that,” said Tupai.

“I put it to you that the conversation never took place?” asked Maposua.

Tupai insisted it did, and that he asked Li’o for a written statement when he admitted he was wrong.

“Do you accept his statement of admission?” asked Maposua.

“Yes, that was the process of the matter,” he responded.

Maposua asked Tupai if there was a caution statement by Li’o rather than a spontaneous statement based on his casual conversation with her client.

Tupai could not remember.

Maposua pointed out that what Tupai had provided as evidence, is a fabricated statement especially when there is no record of any admission from Li’o, not even in his report of 8 February 2024.

She also put it to the witness that if all evidence is important, why was not Li’o’s admission included in the report.

Tupai said they were just talking as friends.

Maposua then asked why he brought it up in his oral evidence if it was not for the motive of fabricating information. She stated that she would ask the Court not to put weight on this evidence.