Former Manu Samoa coach’s application for stay of sentence denied

By Staff Reporters/

Apia, SAMOA – 5 August 2026: Justice Leiataualesa Daryl Clarke has denied the application by former Manu Samoa coach Mase Mahonri Schwalgers’ application to stay his sentence until after his appeal application is heard.

Schwalger was convicted on 8 sex related charges by former Senior Justice Vui Clarence Nelson in May and has since appealed the conviction.

Justice Clarke said the Supreme Court has no legal authority to grant the application and no authority to stay sentence.

He cited Section 176(1) of the Criminal Procedures Act 2016 where it states that the defendant does not require leave from the Supreme Court to appeal.

Section 176 – Right of appeal against conviction or sentence

(1) A person convicted in the Supreme Court, except on appeal from a decision of the District Court, may appeal to the Court of Appeal: (a) against the conviction and the sentence passed on the conviction; or (b) against the conviction only.

“However, if no relief from this court is required and if that conclusion is wrong, relief is granted to appeal,” he said.

Justice Clarke has adjourned sentencing until the Court of Appeal determines his application against the conviction, but if proceeding does not happen, then the matter is to be returned to the Supreme Court to set a new date for sentencing.

The Court of Appeal sits in September.