Sam appeals bail ruling
A couple facing a string of charges for alleged conspiracy has appealed the orders by the District Court to deny them bail and remand them in custody until trial.
Sam Sua known to police under several aliases and his wife Marie Sivai Mamea appeared before the Supreme Court this week to appeal their bail rejection.
They were represented by lawyer Vaisala Afoa and the private prosecutor was Leinafo Taimalelagi Strickland.
Ms. Afoa has taken over defence for the couple while their initial lawyer Lagaaia Fetu Lagaaia is in the process of filing a notice to withdraw as counsel given new developments.
The bail appeal has been adjourned for two weeks until 8 April for the prosecution to respond.
Lagaaia in a recent interview confirmed Sua and his wife were engaging a King's Counsel (KC) to represent them for the rest of the proceeding.
District Court Judge, Talasa Saaga Atoa denied the bail for both defendants in February on the grounds they were a flight risk.
In her reasons, Judge Saaga Atoa noted there was substantial evidence from the prosecution of Sua using multiple aliases in the past. So far he has had 16 aliases and it was noted he could use use other names without much detection.
Other risks that the court considered included the defendant colluding with co-defendants and interfering with police witnesses and this was supported by affidavits from victims and the police.
In terms of concern for Sua’s safety from inmates and other convicts when released to the community on grounds that he was a police informant, the Court ruled he would be a lot safer in an isolated cell.
The Judge noted the risk is the same for Sua if he remains in custody or on bail given that some of the people he claimed he helped police put behind bars have served their term and were released.
Sua is facing 104 final charges from the prosecution; 16 counts of misleading police, 16 counts of fabricating evidence, 27 counts of defamation, 13 counts of insulting words and the rest are joint charges for conspiracy to pervert the course of justice and conspiracy to commit an offence.
His wife is facing a total of 59 charges; 21 counts of misleading police, 21 counts of fabricating evidence, two counts of attempts to pervert the course of justice, seven joint charges of conspiracy to pervert the course of justice, three joint charges of conspiracy to commit offence and one count of accessory after the fact.
The defendants have entered a not guilty plea to all charges and their hearing has been scheduled for May.