Judge to re-visit No Case to Answer application after hearing rest of evidence

By Lagi Keresoma/

Apia, Samoa – 17 June 2025: District Court Judge Talasa Atoa Saaga will re-visit the applications by three defense counsels that there is “no case to answer” on 4 conspiracy charges against all 6 defendants based on “no evidence” presented by police key witness Marie Tusi in court last week.

Defense counsel KC Richard Marchant for the three defendants Laaulialemalietoa Polataivao Schmidt, Fepulea’i Faimata Su’a and Lise Schmidt submitted that Marie never provided any evidence to implicate his clients in any conspiracy act and reasons why the charges against his clients should be dropped.

The only mention of Laauli’s name in Marie’s written statement read out in court, was a meeting at Laauli’s office at Tuana’imato attended by Samuelu (Sam) Sua, Marie Tusi, Sivai Kepi and Fepuleai in September 2023.

In her written statement, Marie said that Laauli asked her if she saw the accident that killed Tu’u’au Maletino on 21 April 2021 and Marie said “no”.

Marie further stated that Laauli then told her that should the matter reach court, she (Marie) must tell the truth.

During cross – examination, Marie responded with the same answer that Laauli had asked her to tell the truth in court.

Marchant pointed out that all Laauli did was encourage Marie to tell the truth in court and there is no evidence that Laauli conspired to change Marie’s mind.

He also pointed out in court that Fepuleai and Lise only came into the picture much later after the conspiracy charges were already in place.

Kathryn Dalziel who represents Sam and Sivai also argued that Marie never presented any concrete evidence in court that both her clients conspired to have Marie lie for them in court.

Counsel Maposua Tanya Toailoa pointed out that her client, Li’o Faataumalama Auava was a Superintendent with the police force at the time he was summoned by Laauli to his office.

Li’o’s statement said that he responded to the summon because it was from a Cabinet Minister who asked him to do an investigation on allegations brought by Sam regarding the April 2021 accident.

He believed the summon was genuine after he saw the Minister of Police Faualo Harry Schuster, the Associate Minister for the Ministry of Police, Fepuleai Faimata and the Police Commissioner all present at Laauli’s office.

Maposua also pointed out that Li’o did not take Marie’s statement but another police officer.

Application premature
Prosecutor Leinafo Taimalelagi Strickland’s argument against the application was based on 2 factors.

One, the application was premature and two, there are other witnesses connected to Maries evidence who can corroborate the statement.

She also pointed out that defense did not challenge some of the evidence provided by Marie that can corroborate the conspiracy charges and one such instance were the things offered by Fepuleai for Marie if she complied with what Fepulea’i wanted.

Some of these things include a mobile phone, a job offer at Fepuleai’s office at the Government building and a chance for Marie to work in the seasonal workers program abroad.

“The defense did not challenge any of these factors,” argued the Prosecutor.

She also argued that the application for a no case to answer is always done after the trial, not during the trial.

Presiding Judge Saaga then asked the local counsels if there has ever been a case both in the Supreme and District court where an application is made for a ‘no case to answer’ during a trial.

Both local defense counsels Muriel Lui and Maposua Tanya Toailoa agreed there had not been any and both agreed that such application is presented after the trial.

Lui however pointed out that their application is based on Maries evidence as she was the core witness police relied on to prove the conspiracy charges. But since her evidence is done and no proof provided, hence their application for a no case to answer on 4 charges of conspiracy against all 6 defendants.

She also clarified that the defense understands the trial will continue on with other charges.

But it has now been agreed for Prosecution to call the rest of her witnesses on the conspiracy charges and then the application for a no case to answer could be revisited after she has called them.

Court resumes 9.30am Wednesday until 8.00pm and the possibility of a Saturday hearing as the five-week trial comes to the middle of the fourth week.