By Lagi Keresoma/

Apia, Samoa – 25 June 2025 – One of the police main witnesses in the high- profile court case now in its final week, Corporal Misa Ieremia Su’a started his evidence yesterday by saying he was at work on 21 April 2021 but did not know about the hit and run incident where a young man Tu’uau Maletino was involved.

The corporal is accused of the lost police files on the hit and run investigation and a mobile phone that the defendant Samuelu Sua said had photos of the hit and run accident and given Ieremia Sua a few days after the accident.

In his evidence in chief, Misa said on the 20 April 2021, he was working the night shift at the Faleata Outpost and finished at 10.00am 21 April 2021.

On the early hours of 21 April 2021, the Outpost was notified about an incident at Vaitele where a young man Tu’uau Maletino was involved.

Misa however told the court yesterday that he did not know about the incident until 3 days later when he returned to work on 23 April 2021 and read the report.

Defence counsel Kathryn Dalziel found it hard to believe that for someone who was working on the early hours of 21 April 2021, to say he did not know about the incident.

Misa insisted that he did not know because he was not working.

Dalziel pointed out to Misa that Tu’uau died at the early hours of 21 April 2021, and he was working until 10.00am the same day 21 April 2021.

“Yes, I was working but I went home at 10.00am and did not return until 23 April 2021,” said Misa.

Dalziel said it is hard to believe that Misa knew nothing about the incident, yet there were police officers running out of the office to get to the scene of the incident which was not far from the Faleata outpost.

“I was not there because I was not at work,” said Misa.

Dalziel reminded Misa of his evidence in chief where he confirmed that he was working the nightshift on the 20 April 2021 and went home at 10.00am in the morning.

“How do you explain what you said in your evidence that you worked overtime and went home at 10.00am?” asked Dalziel.

“I was not there at the time of the accident,” said Misa.

Dalziel asked Misa if knew of the witnesses brought into the office that night by the police officers who responded to the call, but Misa seemed to have no idea.

It got to the point that Dalziel said that the witness was deliberately trying to misunderstand her questions to avoid answering them.

Judge intervened and spoke in Samoan
Presiding Judge Talasa Atoa Saaga intervened and pointed out to Misa that counsel’s question was very simple.

She then repeated counsel’s question in Samoan “E faapefea na e le silafia le faalavelave na maliu ai Tuuau i le vaveao o le aso 21 Aperila 2021 ao lea sa e faigaluega,” Translation: “How come you did not know about the incident that Tuuau died when you were at work?”

The Judge also reminded the police corporal of the oath he took to tell the truth.

Misa then admitted that he was working under the leadership of Senior Sergeant Malo Osa but insisted that there was no incident on 21 April 2021.

Then he suggested to the court that maybe the incident happened in the early hours of the 22 April 2021 and not 21 April 2021.

Osa had already given evidence and confirmed that the incident happened on the 21 April 2021 and his team from Faleata outpost responded to the incident.

Dalziel then said that Misa’s evidence is “not credible and the reason why he is lying is to cover up the fact that he spoke to Sam the day after the incident.”

Misa was not happy being called a “liar” then changed his story again that he was not working on the morning the incident happened.

I never took Sam’s phone
One of the main issues that have been the backbone of the trial is Sam’s mobile phone he claimed had pictures from the scene of the incident which he said he gave to Misa.

Misa however consistently denied meeting and speaking to Sam let alone, ben given Sam’s mobile phone.

FESA First to the scene and removed the body
When police arrived at the scene of the incident on 21 April 2021, Tuuau’s body was already removed by FESA hence the reason why police did not have any photos of the scene.

However, Sam claimed he was at the scene and witnessed the incident and took photos with his phone and said gave his phone to Misa.

Dalziel put to Misa that he met Sam on the 22 April 2021 because he wanted to ask him if Sam was involved in the incident and it was during this meeting that Sam showed him the photo of the land-cruiser and Misa recognised the vehicle belonging to Lealailepule Rimoni Aiafi.

Corporal Admitted to Missing Files
Throughout the trial, the court noted that some of the statements made by several witnesses including Leala and his family were missing from the investigation files and Misa has been the sole suspect.

Misa confirmed in court that he was charged under the Police Disciplinary Unit on four counts of negligence and one for missing files.

He said the charges were confirmed hence his demotion and transferred from the General Policing Unit in Apia to the Faleata Outpost in 2022, then to the Tuasivi police office.

He resigned and moved to American Samoa with his family.

But somehow, Misa is now back in police uniform with the rank of Corporal. Defence counsel KC Richard Marchant put to Misa that this was because he had a deal with the Police Commissioner Auapaau Logoitino Filipo that he would get his job back in return for a statement against Sam’s accusations against the police.

Misa was quick to reject Marchant’s suggestion and said he re-applied for the job and followed the Ministry’s procedure.

No record of a conversation with police
He told the court in sequence how he met former Member of Parliament (MP) Fepuleai Faimata Sua 3 times in American Samoa and how Fepuleai was working with others to “fabricate lies to support Sam.”

He told the court that Fepuleai told him that he was the “last piece in the puzzle,” which he took to mean a fabrication and a conspiracy to support Sam’s claims.

He said that at the 3rd meeting with Fepuleai, he decided to place a long- distance call from American Samoa to the police in Samoa and explained everything from the first to the last meeting with Fepuleai and their plans.

However, the defense counsel informed Misa that there was no record of any call he made from American Samoa to the police office in Apia then Marchant suggested details what happed in American Samoa.

Marchant explained that Misa and his family’s sponsorship was running out and he was happy when Fepuleai contacted someone in American Samoa to assist in getting a job at Starkist for Misa.

He also put to Misa that the reason why Fepuleai asked for a meeting in the first place was because he wanted to confirm from Misa if what Sam said on the Tautai A’e interview were true.

Marchant explained that was the puzzle Fepuleai was talking about as he had already spoken with Tupuola Alatanu Wright just to confirm if Sam did buy cattle from him.

Marchant however insisted that Misa has continued to lie and changed his story because of a deal he made with the Commissioner which got him his job back in the Ministry of Police.

The corporal was one of the last of the police witnesses and the defence witnesses are taking the stand this afternoon as the trial starts to come to the end.