Key witness under pressure & threats from police

By Lagi Keresoma/

Apia, Samoa – 12 June 2025: The pressure and threats of being charged by police led to the key witness for police, Marie Tusi changing her story several times during cross examination by defense counsel Kathryn Dalziel late yesterday.

Marie Tusi is giving evidence in the high-profile case where two former MPs, a former police inspector and three others are standing trial for defamation, conspiracy and other charges relating to the unresolved hit and run incident that killed a university student, Tuuau Maletino at Vaitele on 21 April 2021.

Marie corroborated Sam’s statement
From the beginning of the cross examination, Marie responded well to Dalziels questions and admitted that the (second) statement she made to police was not true.

Marie’s first statement prepared and compiled by former police officer Tomasi Tutoatasi that supported Samuelu (Sam) Su’as statement that she was with Sam on the night of 21 April 2021 at Vaitele and they both witnessed the accident that killed Tuuau Maletino.

However, she denied everything in her second statement prepared by police which was presented as her evidence in chief in court yesterday.

Dalziel said she understood why Marie told police a different story because she (Marie) was having an affair with her uncle to which Marie agreed. (Sam is married to Marie’s aunt Sivai)

Dalziel said Sam’s brother who will give evidence said both Sam and Sivai hung out at his house at Vaitele on the nigh of the accident.

She also put to Marie that the reason why they stood in front of the BBQ shop was because Sam was waiting to make a drug deal with someone and Marie agreed.

She also confirmed every word in Sam’s statement about a young man walking uphill, the speeding silver car and Sam walking towards the car after it hit the young man and the yellow motorcycle.

Concern about police influence overnight
By 5:00 pm yesterday, courts closing time, Kathryn Dalziel raised with Judge Talasa Atoa Saaga that she had some significant questions to ask the witness. But she was concerned about what may happen overnight as the witness is under police protection.

Judge Saaga allowed Dalziel to continue until the questions she wanted to ask are done.

Dalziel put to Marie that Sam and Sivai had nothing to do with her evidence especially that both Sivai and Marie have issues in reading and writing.

Several times, Marie said she did not understand the question, but after repeating the question several times, Dalziel put to Marie that she “understood the question but did not want to respond.”

Dalziel reminded Marie of the oath she took to tell the truth, then said that she was under-pressure by police and threats to be charged if she does not do what police wanted her to do. Marie replied “No.”

Change in responses after 5 minute break
Towards the end of yesterday evenings proceedings, it took Marie longer to response to Dalziel’s questions and Dalziel noted the change in her responses after a 5-minute break.

Counsel asked Marie where she went during the break and if she spoke to a police officer in that time.

Marie said she went to the bathroom but did not talk to anyone.

“Then explain why you are struggling to answer questions……we all see your struggle because police pressured you… isn’t that true?” asked Dalziel.

“No” Marie replied.

“The reason why you are struggling is because of what police want you to say against the truth,” said Dalziel.

It took Marie 16 seconds to respond “yes” to the last question.

Judge Saaga then called for recess; asked everyone to leave the court room while she and lawyers will retire to chambers to discuss arrangements with the Attorney Generals advice, for a new location for Marie away from police.

The only people allowed to remain in the courtroom were Marie and her supporting aid – a pastors’ faletua and the Deputy Registrar.

Once a safe place was arranged, Judge Talasa, the Prosecutor, defense counsels and the court registrar followed the car escorting Marie to her new home until her evidence is done. It was 7.30 pm.

The case is in the third week of a scheduled five-week trial and continues this morning.