Conspiracy case trial delayed

By Matai'a Lanuola Tusani T - Ah Tong 20 May 2024, 10:00PM

The hearing of four individuals accused of conspiring against a politician was deferred after overseas lawyers for the defendants were not available for the two-week trial. 

Despite, Senior District Court Judge Talasa Saaga informing the lawyers for the defendants in February about the trial scheduled in May the matter did not proceed as anticipated. 

Those charged are; Member of Parliament for Salega No.1, Fepuleai Faimata Sua, suspended inspector Lio Faataumalama, Lise Marie Schmidt, Sam Sua and Sivai Kepi Mamea. 

The defendants are facing a total of 194 charges linked to allegations of conspiracy against the complainant and M.P. for Faleata No.3, Lealailepule Rimoni Aiafi. 

All of the accused have denied the various charges against them from misleading police, fabricating evidence to defamation, insulting words and conspiracy to pervert the course of justice. 

Before Judge Saaga the lawyers representing the defendants informed the court they were not ready to proceed this year and asked for a hearing date next year. 

The defence lawyers are Josephine Fuimaono Sapolu for Sua and his wife, Muriel Lui representing Fepuleai and Lio, Tanya Toailoa for Schmidt. 

All of the local counsels indicated to the court that their clients have overseas lawyers including a Kings Counsel acting for the defendants and not available to stand trial anytime this year. 

They also asked to have all of the statements translated to English from Samoan, 70 have already been translated. 

Prosecution lawyer Leinafo Taimalelagi Strickland said the prosecution has about 80 witnesses and further delays in hearing the matter could negatively impact the availability of the witnesses. 

Judge Saaga was not satisfied with the indication from defence counsel and made it clear that the court has tried its best to accommodate the trial to be heard this year. 

She added the court had to reschedule other cases to ensure the hearing in May which the defence counsels had indicated it was able to proceed on the dates. 

The Senior Judge proposed several hearing dates in June, July and September but the defence counsels said they had other matters already scheduled before the Supreme Court on the dates. 

In addition, they said the overseas lawyers were unavailable on the dates. 

Judge Saaga then made it clear the case will be heard this year not next year. 

She adjourned the matter to Friday this week for mention to give time to the defence to get in contact with overseas counsel to confirm their availability on a hearing date this year. 

All of the defendants except Sua and his wife are out on bail and the delay in the trial means the couple will remain in custody until trial or another bail application is made. 

By Matai'a Lanuola Tusani T - Ah Tong 20 May 2024, 10:00PM
Samoa Observer

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