Court to rule on admissibility of the late Sia Figiel’s statement

By Keresoma/

Apia, SAMOA – 21 July 2026: The District Court will rule next week on whether to admit the late Papalii Sia Figiels statement in a criminal matter against Lise Marie Schmidt.

During the preliminary hearing, Prosecutor Magele Leone Sua said defence counsel has raised some testing issues such as Papali’i’s unavailability as a witness and also questioned the circumstances relating to the making of her statement.

Another issue is whether the statement provides reasonable assurance to the court that the statement is reliable and whether the statement unfairly prejudices the defendant’s right to a fair trial.

Magele pointed out that the inquiry before the court is a threshold test and if the court is satisfied with the circumstances of making the statement which provides the court reasonable assurance, then that statement is reliable.

“This is a threshold test and once the test is satisfied, then the weight of Papali’i’s evidence is for the trial judge not for this preliminary hearing,” she said.

She also rejected defence counsel’s submission that Prosecution should consider Papali’i’s passing as a “discount suicide.” (Discount suicide relates to suicidal behaviour).

“This is incorrect as the test identity must be referenced by the circumstance that existed at the time the statement was made, not at the time subsequent circumstances which led to Sia’s death,” said Magele.

She also addressed Dr. Alailimas affidavit.

According to Magele, Dr. Alailimas affidavit was never intended as evidence but only relied upon to provide a contemporary account of Papali’i’s statement made immediately after the alleged offence.

She also referred to another witness, not as an expert witness but to show that the same account she provided to police after the alleged offence, is the same account provided to police in her hearsay statement.

Papali’i Sia Figiel died at the Tanumalala prison while awaiting sentencing on the charges of murder, manslaughter and armed with a dangerous weapon in relation to the death of Professor Sinavaiana Caroline Gabbard.

The charges against Lise
Lise is facing 19 charges stemming from a letter she wrote to the Head of State and copied the Attorney General and the former Police Commissioner.

The letter alleged that former Prime Minister Fiame Naomi Mataafa instructed her to collect evidence related to the death of Professor Sinavaiana Caroline Gabbard.

Police later conducted an investigation into the letter and found no evidence.

Police then charged Lise with 19 charges including misleading, conspiracy, conspiracy to defeat the course of justice, and providing false information.

The court will rule on the admissibility of Papali’i’s statement next week.