By Lagi Keresoma/

Apia, Samoa – 27 June 2025: The defence in the high-profile case that ended Wednesday decided not to give evidence because they don’t have to prove anything.

“The task of proving the case falls on the prosecution,” says defence counsel Muriel Lui.

“The burden of proving the case is with the prosecution because it is their case,” she explained.

“After hearing their evidence, we felt there was no need for defence to give evidence, because we have nothing to prove,” said Lui.

She also said Samuelu (Sam) Sua made 2 videos and had 3 caution statements and Laaulialemalietoa Leuatea Palataivao Schmidt also had several videos made which prosecution tendered as evidence.

The defence believes those were enough to argue their case as the onus of proving everything is on the prosecution.

On the case of Fepuleai Faimata Sua, defence waited to hear Corporal Ieremia’s evidence and decided for Fepuleai not to give evidence as he didn’t have to prove anything either.

Lui said after hearing all evidence their clients then exercised their right not to give evidence.

Six defendants were on trial for conspiracy and defamation charges relating to the unresolved hit and run incident that killed a university student at Vaitele on 21 April 2021.

The defendants included two former Members of Parliament, Laaulialemalietoa Leuatea Palataivao Schmidt, Fepuleai Faimata Sua, former Police Inspector Li’o Faataumalama Auava, Samuelu Sua, Sivai Kepi and Lise Schmidt.

Judge Talasa Saaga Atoa has set 5 September for all counsels’ submissions to be finalised and to be presented before the court on 6 October 2025.

Judge Talasa Saaga Atoa has yet to give her ruling on the defence application that there was “no case to answer.”