The Police Commissioner is considering withdrawing a termination notice given to a suspended senior officer charged with carrying out an unauthorised investigation into an unresolved hit and run case. 

Inspector Lio Faataumalama Auava was served with the notice last month after he pleaded not guilty to four charges for not getting clearance to investigate the death of Tuuau Fa’asavalu.

He was given 10 days to respond to the termination notice and provide grounds on why he should remain in law enforcement. 

In response, his overseas lawyer who is also a King's Counsel (KC) wrote to the Commissioner to withdraw the termination notice and proceed with a hearing before the Police Standard Unit Tribunal. 

Speaking to the Samoa Observer, Police Commissioner, Auapaau Logoitino Filipo said the request to withdraw the termination is being considered at this stage. 

Auapaau said Inspector Lio was forewarned in the termination notice pursuant to amendments under the Police Service Act where the Commissioner can terminate his service if there is clear evidence of breach of duty. 

“The Commissioner has those powers under section 51 of the Police Service Act if there is clear evidence of breach of duty and does not require the convening of the disciplinary tribunal,” he said. 

“We are following due process, his KC lawyer has responded to withdraw the decision which we are considering and we also take into account his rights under the Constitution to a fair trial.” 

Inspector Lio maintains his innocence and wants to proceed to a hearing of the disciplinary charges against him before the Police Tribunal. 

The charges were laid after he followed instructions from the Minister of Agriculture and Fisheries, La’auli Leuatea Schmidt to carry out a private investigation into allegations surrounding the death of the university student at Vaitele fou in 2021.