You have to feel for the family of the late Tuuau Faasavalu whom the Police believe died in a hit-and-run incident in April 2021. But the circumstances surrounding his death have dominated online forums in recent months, following claims that an M.P. was responsible for the teen’s death.

A fortnight ago details of the suspension of two senior Police officers, after they acted on the instructions of a Cabinet Minister to undertake investigations into the death of the National University of Samoa (NUS) student, came to light. The two law enforcement officers were charged and suspended for leading an unauthorised investigation.

Last week Prime Minister, Fiamē Naomi Mataʻafa told reporters that the directive from the Cabinet Minister to the two police officers to undertake an unauthorised investigation into the 18-year-old’s death did not come from her government.

When asked by the media, Fiame said she was not in a position to comment as she was unclear whether it was a "ministerial order" as it did not come from the Cabinet. 

"I am not sure whether it was a ministerial order because that certainly did not come from the government," Fiame replied. "So I cannot speak about the issue as I am not aware of what was said."

In last Friday’s edition of the Samoa Observer, another article, also on the same matter reported that Inspector Lio Faataumalama Auava, who is one of two police officers who were suspended was served with a termination letter by the management of the Samoa Police Service.

In an interview with this newspaper, Inspector Lio confirmed that he has pleaded not guilty to the charges and the matter will proceed to a Police Tribunal hearing. But the letter advising of his termination has given him 10 days to show cause why his services as a policeman should not be terminated.

It is shocking that the Samoa Police Service top brass has seen fit to issue Inspector Lio his termination notice, even before the Police Tribunal has sat to hear the charges that were laid against him. 

Where is the respect for the process and the rule of law but more importantly why has the Samoa Police Service top brass issued the termination notice when the matter is yet to go before a Police Tribunal hearing? 

Does the management of the Samoa Police Service believe in and have confidence in its own internal investigation procedures to determine the culpability of its officers for misconduct?

Or was the management of the Samoa Police Service “instructed” to issue Inspector Lio’s termination notice by external forces even before the Police Tribunal hearing was convened? If this question has an ounce of truth then it puts the spotlight on the integrity of the law enforcement agency’s internal investigation procedures, which doesn’t augur well for the rule of law in Samoa.

The Opposition Leader and veteran Lepa M.P. Tuilaepa Sa'ilele Malielegaoi, in his press conference on Thursday last week, also raised his concerns at the developments and said the Agriculture and Fisheries Minister, La’auli Leuatea Schmidt’s instructions to Inspector Lio and another police officer “interferes” with the Minister of Police’s portfolio.

Tuilaepa is correct in describing his former cabinet minister’s instructions to the police officers as interference. However, history shows us that even the former prime minister came under scrutiny in 2020 for interfering in the work of the Ministry of Justice and Courts Administration (MJCA), when he wrote a letter dated 9 March 2020 to the then-CEO Moliei Simi Vaai questioning a court decision to release two defendants on bail. (The two were the defendants at that time in a conspiracy to murder case that targeted the former prime minister and they were later found guilty of).

On that note we believe the ramifications of Minister La’auli’s instructions are much more serious – it could lead to members of the public losing confidence in the independence of the Police and their responsibilities in the community to uphold and promote law and order.

The bottom line is the country’s Members of Parliament have no business getting themselves involved in policing work, which under Samoa’s Constitution comes under the mandate of the Police Commissioner and his policemen and women.