By Lagi Keresoma/
Apia, Samoa – 6 June 2025 – The defense counsels in the high profile case now in progress at the District Court, were quick to oppose the production of a set of photographs during re-cross examination by prosecution Taimalelagi Leinafo Strickland yesterday.
The photos were taken at the hospital of the late Tu’uau Maletino’s injuries from the 2021 hit and run accident.
In re-cross examining of Superintendent Tupai Sapani Leleimalefaga, Taimalelagi produced the photos for Tupai to identify the injuries to which defense counsel Kathryn Dalziel opposed.
As with the normal practice in court, the prosecution first introduce the witness and identify certain important factors relating to a case, then a chance is given to the defense to cross examined the witness. After cross-examination, the prosecution has a chance to re-cross examined the witness.
Dalziel’s concern was that the photos were produced too late as the case comes to the end of the second week.
All throughout Tupai’s 5 days of giving evidence, the photos were never produced until prosecution’s re-cross examination.
Dalziel pointed out that Sam’s description of the deceased’s injuries were noted in his statement which was part of defense cross examination.
She also said the photos have already been tendered as exhibits and they should have been produced by a medical personal – not the police.
Taimalelagi responded that the defense left the door open to bring in the photos especially when Sam’s statement described the injuries specifically.
Muriel Lui who together with KC Richard Marchant represent the defendants Laaulialemalietoa Leuatea Polataivao Schmidt and others said the photos should have been produced earlier.
She said Tupai had already confirmed the photos during cross examination based on the defendant Samuelu (Sam) Su’a’s description in his statement.
Taimalelagi said Tupai after speaking with Sam, confirmed that the first time he was aware of Sam description of the injuries was in the first video of the interview on the Tautai A’e program,
Dalziel however pointed out that there are no records or evidence of such a conversation between Tupai and Sam except Sam’s statement.
Taimalelagi then asked the court for a chance to play part of the video.
Presiding Judge Talasa Atoa Saaga asked Taimalelagi to explain how the video relates to the issue.
Taimalelagi said she wants to clarify what Sam said and Dalziel argued that Tupai cannot comment on what others say.
It took a while for all parties including the Judge to go through their notes to identify exactly what was said during cross examination and Judge Talasa then suggested to wait until the court transcript is ready today (Friday) for them to know for sure.
Video Day in Court
The fourth police witness Perefoti Timothy Komiti, the Ministry of Police Digital Forensic Analyst is taking the stand.
He is responsible for downloading all video clips from the internet of interviews, programs of what has been said publicly about the case.
Such programs include the defendant Laauli’s programs with international media, the Soalepule program, the FAST program and also video clips made by Sam.
It was a long process as Komiti went through all videos identifying and playing each one of them.
