The Supreme Court has reserved its decision on a recusal application sought by the last co-defendant who was charged with conspiracy to murder former Prime Minister Tuilaepa Sailele Malielegaoi in 2019. 

Talalelei Pauga also known as Ninja, applied to recuse Supreme Court Justice Niava Mata Tuatagaloa from hearing his outstanding trial. 

The matter was called this week for the parties to address issues raised by the court on possible conflict given the defendant is residing with the defence lawyer while on bail. 

Prosecution and Office of A.G.’s lawyer, Lupematasila Iliganoa Atoa said they do not have a position on the issue raised noting none of the affidavits showed any personal connection between the client and lawyer. 

Lawyer Josephine Fuimaono Sapolu filed her submissions on the conflict that was flagged by the court. 

Justice Tuatagaloa said she would address the issue in her decision on the recusal application.  

Pauga on the eve of his trial filed a recusal application against Justice Tuatagaloa. 

He advanced his application on the grounds that her honour presided over his bail application in September 2023 and also dealt with pre-trial applications for other co-defendants.

He claimed that the confidential information that the judge was privy to he could not access and was a risk to his right to a fair trial and prejudiced all defendants. 

The defendant also noted comments made by Justice Tuatagaloa during his bail application were allegedly unlawful and perceived the risk to his rights to a fair trial. 

The prosecution has opposed the recusal application saying there were no reasonable grounds provided by the defendant for the judge to recuse herself and there was no apparent bias in the circumstances to warrant it. 

The prosecution also claimed the judge had an obligation to preside over the case allocated to her unless grounds for recusal existed. 

Pauga's co-defendants were found guilty are have been jailed. 

He entered a plea of not guilty and was released on bail to reside at Ms. Fuimaono Sapolu’s residence.