“Six defendants in high profile case should be acquitted” – Defence Counsels

By Lagi Keresoma/

Apia, Samoa – 26 November 2025: Counsels representing 6 defendants in the high-profile case implicating the Prime Minister, have called to acquit the defendants as prosecution could not provide evidence to prove the police charges.

Wrapping up defence submissions yesterday was Mapusua Tanya Toailoa who represented former Police Inspector, Li’o Fa’ataumalama Auava.

Secret investigation & malicious intent
Li’o was engaged by Laaulialemalietoa Leutaea Polataivao Schmidt at the time he was a Minister of Agriculture to conduct an investigation based on Samuelu (Sam) Su’a’s claim that he witnessed the unresolved hit and run incident that killed a young university student in April 2021.

Mapusua said Li’o’s investigation was done openly and he recruited two other police officers Henifa Bryce and Tomasi to conduct the interviews of three defendants Sam, his wife Sivai Kepi Mamea and Marie Tusi.

Li’o’s report was then handed over to Laauli who in turn handed it over to police. Li’o who headed the Poutasi police outpost then was relocated to the Police Traffic Unit to assist with the police continuing investigation into the hit and run case.

Prosecution in her submission said Li’o’s investigation was not only unauthorised, done secretly but intended to make police key witness Marie to lie.

Mapusua pointed out that there was never any evidence before the court that indicated the investigation was done in a secret manner or Li’o asked Marie to lie.

“They had to prove Marie lied,” said Mapusua.

The same line of argument was presented by Katherine Danzel who represented Sam and Sivai.

Both counsels revisited Marie’s evidence where she first said that Sam and Sivai told her to lie, then it was the police that pressured her until she denied all allegations against the defendants.

Defence counsels Katherine Danziel, Mapusua Tanya Toailoa & Muriel Lui (absent Richard Marchant who left for NZ earlier).

Henifa & Tomasi not called as witnesses
Mapusua also questioned why prosecution did not call Henifa and Tomasi as witnesses as they were the first ones to be involved in Li’o’s investigation.

She believes that if Henifa and Tomasi were called as witnesses, their testimonies would not be in favour of prosecution.

No evidence to prove conspiracy
One of the main charges against all defendants is conspiracy and Richard Marchant who represent Laauli, Fepuleai Su’a and Lise Schmidt led the defence submission claiming that prosecution failed to prove the charges.

Prosecution submitted several police witness statements to prove the charge such as Tupuola Tanu Wright, Marie, police corporal Ieremia Su’a and several young men Sam claimed attended Sivai’s father’s birthday.

However, defence counsels pointed out that Tupuola’s evidence that Fepuleai asked him to lie about Sam buying cattle from him, were just words without any proof.

Even Tupuola’s brother testified that he was not present during Tupuola and Fepuleai’s conversation as alluded to by Tupuola.

There is also no proof or record provided of a conversation between Fepuleai and Ieremia in American Samoa where Fepuleai asked Ieremia to lie or proof of any telephone conversation between Fepuleai and Ieremia as claimed by Ieremia.

Overall, defence said prosecution has not satisfied nor proven the charges beyond reasonable doubt so therefore, the defendants should be acquitted of all charges.

Verdict in February
District Court Senior Judge Talasa Atoa Saaga who presided over the case acknowledged the hard work of all counsels and as much as she wanted the decision to be delivered sooner, the court will be closed soon.

Her decision will be delivered on 2^nd February 2026.

She also noted that although she had already read all counsels submissions, she had to let the court go through the process of a public presentation of submissions for the public’s interest.

Laauli’s individual charge set for February
Judge Saaga has ordered prosecution and defence counsels involved in Laauli’s individual charge hearing to file a joint memorandum by Friday this week and the hearing is schedule for February 2026.