Fepuleai's bail variation fails
An application by a member of parliament asking to stop signing at the police post as a condition of his bail was rejected by the District Court.
Member of Parliament for Salega No1, Fepuleai Faimata Sua through lawyer Tanya Toailoa made the application to vary his bail conditions this week.
Ms. Toailoa who appeared on behalf of Muriel Lui submitted the M.P. is a public figure and often leaves Apia to travel to Savaii where his constituency is located.
She argued the current condition where Fepuleai has to sign twice a week at the police post is negatively impacting his ability to fulfil his duties as a member of parliament.
She said the politician has also surrendered his travel documents and his family assets are in Samoa therefore was not a flight risk.
“He assisted police…” said the defence lawyer.
But the application was strongly opposed by private prosecutor, Leinafo Taimalelagi Strickland.
She pointed out the M.P. is one of five defendants and to suspend his signing at the police post would essentially result in the same application made by other defendants.
Mrs. Strickland said the M.P. should not be treated differently than the other defendants.
The prosecutor also disputed claims that the M.P. has been cooperating with police.
She said the information she received information from the police was that they had to arrange more than one meeting with the defendant to serve him with the charges but he failed to meet them.
“Police had to resort to his lawyer to seek cooperation and arrange for the defendant to come to the police station,” said the prosecutor.
“It was a difficult experience for police, in terms of cooperating with police, his conduct suggests otherwise.”
The prosecution did propose amending the condition for the M.P. by allowing him to sign at a police post in Savaii when he travels to the island.
District Court Judge, Talasa Atoa Saaga declined the application to remand the M.P. at large.
She said instead of signing twice a week he can sign once a week and is at liberty to do so at the Apia police station or police post in Savaii.
The M.P. for Salega No.1 is facing 18 individual and joint charges ranging from perverting the course of justice and conspiracy to commit an offence.
He pleaded not guilty plea to the charges and the trial has been scheduled for May.
The charges are connected to allegations the M.P. allegedly conspired with other defendants he is jointly charged with to blame an opposition member for a hit and run case in 2021 that remains unsolved.