By Lagi Keresoma/
Apia, Samoa – 08 August 2024 – The defendant Samuelu (Sam) Su’a charged for defamation and giving police false information, testified in Court this week that all the statements he signed before the investigative police officers were prepared by police and all he did was sign them.
In clarifying his claim, he said every time he was brought from Tanumalala Prison for further investigations at the police headquarters in Apia, all he did was sign the statements already prepared by police.
He confirmed that his signature is on all the statements presented to him in Court and during cross examination by Prosecution Taimalelagi Leinafo Strickland, but denied knowing the contents of the statements.
He named Superintendent Tupa’i Sapani Leleimalefaga, Constable Tony Tevaga and Superintendent Sala’a Sale Sala’a as the officers who attended to him during police investigations.
Asked if his rights that he did not have to say or make any statement was read out to him, Sam said “no”
“They only gave me papers to sign and nothing else,” he said
Samuelu is one of five charged in relation to the unresolved hit and run incident that killed a university student at Vaitele in April 2021.
He publicly named certain individuals and linked them to the hit and run incident and he implied the involvement of drugs, police collusion in the inconclusive three year-long investigation.
Samuelu was giving evidence on Monday this week in his appeal application for bail.
Superintendent Tupa’i Sapani Leleimalefaga
Video taped interviews with police
Samuelu insisted that he did not know the contents of the statements but signed them because police insisted he could be charged again if he did not sign.
He then told the Court that all his interviews were filmed and he insisted that those videos will reveal the truth of what took place during the interviews.
“They also filmed my interview at the police traffic unit at Matautu,” he said.
Samuelu said the Assistant Police Commissioner, Papalii Efo Peika was also present in one of the interviews and she told him that the videos will be used if needed.
Sam’s aliases
One of the reasons Samuelu’s application for bail was refused was the two birth certificates he allegedly used as aliases.
One birth certificate if of Samuelu Piki Lavasii and date of birthday is 30 August 1983. The other birth certificate has the name Fauena Asuelu Leau Toese Sua and the birthdate is 30 November 1983.
When asked why there are different names on both birth certificates, Samuelu said the one with the name Samuelu Piki Lavasi’i was registered by his real parents.
As for the different months on the birth certificate, he did not know how it happened but insisted his birthday is on 30 August 1983.
The other birth certificate has the name of his uncle Fauena.
Samuelu’s sister Sita gave evidence and gave further information into why there are different names on the birth certificates.
She said the first birth certificate was registered by Samuelu’s real parents and the second one which has their uncle’s names was done by Samuelus’s mother when she remarried.
Samuelu and Sita share the same mother but different fathers.
Sita’s evidence was corroborated by a document from the Bureau of Statistics that both birth certificates were registered by Faiesea who is Samuelu’s mother.
Samuelu Su’a under heavy police guard to court/File Image.
Sam’s undercover name
Prosecution also opposed Samuelu’s bail because of the many aliases he used and labelled him a “flight risk”
“Smico” came up as one of Samuelu’s aliases. However, Samuelu explained that Smico was the name police gave him as their undercover informant.
However, Superintendent Tupai Sapani Leleimalefaga denied the accused being recruited by police as an “informant”.
“Sam is known to police because of this involvement with drugs, so when he is not happy with a drug dealer, he would tell the police and we raided that person’s place, and sometimes, Sam turns up at the police station just for a tafao,” said Tupa’i.
Tupa’i’s claim is contradicted by the affidavit of former police Sergeant Lepana Tomasi Tu’ua who confirmed Samuelu’s claim that he was an informant for police especially for their drugs investigations.
Presiding Justice Vui Clarence Nelson said Lepana’s affidavit could not be cited as an exhibit in the hearing. It is however part of the records for the District Court hearing.
Pre-charge claims
Justice Nelson noted that one of the reasons why District Court Judge Talasa Atoa Saaga denied bail was the claim by Prosecution of Samuelu’s interference with prosecution witnesses.
Justice Nelson wanted to know why Judge Saaga put much weight on this particular part of her decision.
Samuelu’s lawyer Fuimaono Josephine Sapolu said those claims were made before Samuelu was actually charged.
Fuimaono also raised the issue of why police did not oppose the bail application for Va’a and Maylene Brown who were facing more than 200 charges of defamation but are against Samuelu’s application for bail on similar charges.
Bail application
Fuimaono submitted that the actual hearing for Sam’s charges which he is jointly charged with four other people is now set for May 2025.
She submitted that should Samuelu be granted bail and it should be done on very strict conditions to include a curfew and it would also give her client an opportunity to correct his birth certificate which at the centre of all issues.
Suppression order pointless
Justice Nelson wanted to know why the suppression order was made not to publicise Judge Talasa’s decision in denying Samuelu’s bail.
Both the prosecution and Fuimaono said it has something to do with naming the witnesses and because the actual hearing was pending.
Justice Nelson said the case is well known and everybody is aware of the case; so it is pointless for such an order.
He reserved his decision until next week.
