By Lagi Keresoma/

Apia, Samoa – 21 June 2025: Police witness in the high-profile case currently heard before the District Court, Sergeant Su’e Mikalele told the court that the files allegedly gone missing from their investigation into the unresolved hit and run incident in 2021, were all given to the former Police Commissioner Fuiavailili Egon Keil.

During defence counsel KC Richard Marchant cross examination, he asked Su’e about the file containing statements of people interviewed in 2021 including statements from former Member of Parliament (MP) Lealailepule Rimoni Aiafi’s family.

Marchant told Su’e that the files should have been provided to the court.

“It was given to the Commissioner and his team and I never saw it again,” said Su’e.

Wanting to understand more, Marchant suggested that what Su’e meant was that he gave the file to the Commissioner who then handed it over to Superintendent Tupai Sapani Leleimalefaga for further investigation.

“Not Tupai but Egon Keil,” said Su’e.

“So, you gave it to Egon then Egon to Tupai, is that what you are saying?” asked Marchant.

Su’e did not know how the files ended up with Tupai but insisted it was given to the “Commissioner and his team.”

After several minutes of questioning, Marchant wanted to know if there was anyone who could tell them where the files were and Su’e was not sure.

He suggested to Su’e that perhaps Inspector Salale Salale could help and Su’e said “maybe.”

Prior to Marchants questioning, Kathryn Dalziel who represents Samuelu Sua and Sivai Kepi set the scene by questioning Su’e if he knew the whereabouts of Leala’s family statements as they haven’t seen it.

Sue said after all the statements were compiled, they were placed in a file which he presented to the Commissioner and his team and that was the last time he was involved in the investigation.

And because the file could not be located, Su’e cannot comment to which Su’e said yes.

When Police Commissioner Auapaau Logoitino Filipo gave evidence at the beginning of the trial, he clearly stated that he was not involved in any of the investigation conducted on the incident that killed Tuuau Maletino on 21 April 2021.

After being appointed Police Commissioner in November 2022, he asked the Deputy Police Commissioner Papalii Monalisa Tiai Keti for an update in the investigation.

It was then that he instructed Papalii to hand the investigation files to Superintendent Tupai whom he also instructed to select a team to review and investigate the matter further.

Transferring of file to new police team
In her evidence, Papalii said that all the materials regarding the investigation were in the files given to the new team.

Dalziel pointed out that “at no time did police care to look at Sam’s statement.”

Papalii clarified that from the first investigation in 2021 until the file was handed over to Tupai at the end of 2022, Sam’s name never came up in the investigation and she does not understand why Sam did not come forward with the information after police posted a public notice asking anyone with information regarding the incident to contact police.

Dalziel then informed Papalii that Sam did come forward and met Corporal Ieremia Su’a twice and in his last meeting with Su’a, he gave him his mobile phone with pictures he took of the incident in April 2021.

Dalziel asked Papalii if it was possible that Su’a failed to record his meeting with Sam and Papalii said “it can happen.”

Dalziel also reminded Papalii that Su’a had been under the Police Disciplinary watch 5 times; 4 times for negligence for failing to make reports and one for missing files.

Papalii said failing to record a statement can happen, but in Sam’s case, she insisted that Sam was never mentioned in the 2021-2022 investigation report.

“Ieremia did not do his job, is that correct?” asked Dalziel.

Papalii disagrees.

Dalziel told Papalii that Ieremia was charged under the disciplinary team 5 times, yet Papalii seems satisfied that he had done a good job.

“If there is no notebook entry, then the conversation never happened,” said Papalii.

Earlier in her evidence, Papalii confirmed to the court that every police officer should have a notebook to enter information and a running sheet to record the daily progress; yet, almost all police officers who took the stand had no notebooks.

Dalziel pointed out that Ieremia did not have a notebook when he talked with Sam.

Guardian of the file
Papalii confirmed that she was actively involved with the first investigation conducted by Inspector Junior Vaalotu and his team in 2021 and she relied on information from Vaalotu and his team.

“They briefed me and I reviewed the file then gave more instructions,” said Papalii.

She confirmed that after the first investigation where they reached a dead-end, the file was then given to her and she became the guardian of the file until December 2022 when it was transferred to Tupai and his team at the Traffic Unit.

The trial continues with its first Saturday hearing today as the fifth and final week of allocated court time for the case comes up next week.