The position of the Commissioner of Police is a very important one, not only for the government and Samoan citizens but also for the international community, and their confidence in Samoa embracing and respecting the rule of law.

This is why the story (Senior cops suspended) in yesterday’s edition of the Samoa Observer, which reported on the suspension of two senior police officers after they conducted investigations on the instructions of a Cabinet Minister, is and should be a concern.

The two officers did an unauthorised investigation into an unresolved hit-and-run case in April 2021 which led to the death of a National University of Samoa (NUS) student.

Police Commissioner, Auapaau Logoitino Filipo confirmed their suspension, saying: “Their suspension is effective [from Thursday] for an investigation done without authorisation from the Police Commissioner.

“They were never informed by the Ministry [Police] to do this and under the Police Service Act there is no such thing as a private investigation or being referred to as a private investigator…police officers are subject to the Ministry’s Act and processes.”

According to the Commissioner, there was already a team he assigned to investigate the unresolved death of the university student.

We commend the Commissioner for instituting disciplinary action against the two senior police officers. He is correct, Samoa’s legal statutes including the Police Service Act 2009 [Act] that governs the work of the Police do not cater for “private investigation” or “private investigator”, and letting their alleged actions go without disciplinary action would create a bad precedent for the future.

The Samoa Police Service, like all law enforcement agencies in democracies around the world, have a chain of command starting from the Commissioner of Police. Under the Act, the Commissioner reports to the Minister of Police and is “responsible for the overall operation of the Samoa Police”. 

Public comments, which were allegedly made in September this year and attributed to the Minister of Agriculture and Fisheries, La’auli Leuatea Schmidt are also a cause for concern for the Samoa Police Service and its integrity.

La’auli allegedly told the EFKS television station's Soalepule program that he had sought the assistance of a sergeant from the Ministry of Police to look into claims made by Sam Su’a. 

He said the allegations that were made on social media by Sam were brought to his attention by Sam prior to him going public.

But why is the Minister of Agriculture and Fisheries calling the senior police officer to give instructions for an investigation to be undertaken when he is not the Police Minister or even the Minister responsible for the Samoa Police Service?

We ask this question cognisant of the fact that in the latter part of 2021 –  after the Court of Appeal ruled that the Fa’atuatua i le Atua Samoa ua Tasi (FAST) party had formed Samoa’s legitimate new government – there was blatant pushback by a number of senior bureaucrats who were appointed during the term of the former Human Rights Protection Party (HRPP) regime. The pushback was the result of the absence of professionalism and respect for the independent roles that Cabinet Ministers and bureaucrats distinctly played in Samoa’s government system. Professional relationships in the bureaucracy at that time were more or less built on personal ties and in some cases, family links, which clashed with the spirit of the Public Service Commission’s Code of Conduct which emphasises impartiality and providing service without fear or favour. The current FAST government should be weary of such practices which could lead to public officials compromising their positions. 

One of the dangers of the two police officers acting on the instructions from the Agriculture and Fisheries Minister is their compromising of the case and ultimately jeopardising the whole investigation by the Samoa Police Service. This is why the Police Commissioner had to intervene and give instructions for the disciplinary action.

A major implication for the rule of law in Samoa is when the public loses confidence in policing albeit the Samoa Police Service. The fact that a senior Cabinet Minister is at the centre of this controversy does not augur well for the current FAST administration and demands action by the Prime Minister. It is time for Fiamē Naomi Mataʻafa to put her Cabinet Minister on notice and ask for a “please explain” over his actions in relation to this case. In other countries, Cabinet Ministers who got personally involved in Police investigations into a crime are shown the door for alleged abuse of office.