Judge tells Prosecutor not to let Complainant tell her how to do her job

By Lagi Keresoma/

Apia, SAMOA – 02 May 2026: The District Court Judge Papalii Rosella Alalatoa has denied counsel Magele Leone Sua’s application to withdraw as Prosecutor in the case between two overseas based Samoan social media influencers talk programs.

The complainant is Asiata Pio Vaoliko who hosts the Tautai A’e program based in New Zealand and the defendants – Toleafoa Saia Toleafoa and his wife Ainuu Iliganoa Savai’inaea host the Maota o Viiga program on facebook are based in Australia.

The charges are harassment using electronic devices and the Office of the Attorney General who represents the police, have outsourced the case to Magele as Prosecutor.

On Friday, Magele applied to withdraw as Prosecutor and Judge Papalii wanted to know her reasons.

Magele explained that the complainant whom she is representing has questioned her honesty citing that she has close political affiliation to the Human Rights Protection Party (HRPP).

She denied any affiliation and said that she had represented many cases and has not let any political influences above her responsibility as a lawyer.

Judge Papalii denied the application and Magele will continue as the Prosecutor in the case.

She noted that Magele is a senior lawyer and is familiar with the case and that only the Supreme Court reviews and monitors the integrity and honesty of the Officers of the Court.

The judge says she trusts that Magele will carry her legal responsibility well as she has done with other cases.

She also noted that whatever affiliation people have, that’s a personal matter and she does not accept the complainant dictating how the prosecutors work is conducted.

Judge Papalii told Magele that it seemed that she had allowed the complainant to tell her how to do her job.

“That’s not how we do things in this Court, and you know that,” said Judge Papalii.

Attorney General Office faith in Magele
Also in Court was the Attorney Generals Office lead prosecutor, Maiavatele Timothy Fesili who said the Attorney General’s office does not take lightly the professionalism of the private lawyers the office engages to handle cases on their behalf.

Defence counsel, Faimalomatumua Mathew Lemisio also spoke highly of Magele.

Last week, Magele applied to have her client give evidence via a video link from New Zealand which defence opposed.

The defence also applied to quash the charges against his clients and prosecution opposed the application.

The charges are harassment using electronic devices.

The Court has set 14 May 2026 to hear counsels’ applications.