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42 year old alleged murder to go to trial in Samoa

A 63 year Samoan woman is to face trial for the murder of a child after her lawyer's application for the charge to be quashed was dismissed.Maota Ah Ta, who resides in Melbourne Australia, is accused of strangling a baby some forty years ago. The accusation is made by her sister.She pleaded not guilty to the murder charge. Her lawyer is Tima Leavai.Rexona Titi and Brigitta Lo Tam Fifita are prosecutors of the Attorney General’s office. Presiding is Supreme Court Judge, Justice Vui Clarence Nelson.In her application to quash the murder charge, Ms. Leavai told the Court that the accessibility of her key witnesses made things difficult.She also pointed out that the other witness, who lives in American Samoa, is the sole caretaker of her grandchildren, including one who has a disability.The third witness is the husband of the defendant who lives in Australia and has difficulty in traveling.“There is no possibility of the trial being fair with the unavailability of the witnesses,” said Ms. Leavai. “It is prejudice to the defendant’s fair trial.”But Justice Vui disagrees.“How can it be prejudice to the defendant’s fair trial when two of three witnesses are still alive,” said Justice Vui.When Ms. Leavai argued that it was difficult for the other witnesses to give evidence in the trial due to their circumstances, Justice Vui dismissed this.“It is not that its impossible, it is just that it sounds like they don’t want to come.”Justice Vui also requested to have a medical report provided for Mate Ah Ta to support his condition of not being able to travel.Secondly, Ms. Leavai submitted that the complainant and the defendant have two different stories on the alleged offense. She added the complainant has no evidence.Justice Vui again intervened.He pointed out that the difference from their stories is for the trial to decide.“If the complainant is giving evidence, you can’t say there is no evidence…that is evidence.”Maota Ah Ta was then asked to take the witness box to give evidence to support the application to dismiss the charge.According to evidence heard in Court, Mrs. Ah Ta is accused by her sister, Senara, of strangling a baby in August 1971.The baby belongs to her younger sister, Suemalo, of Faleasiu, who has also passed away.Her husband Mate Ah Ta is accused by the complainant for taking part in the alleged offense.Mrs. Ah Ta told the Court that it was a Sunday on that year when she came home from church with her children when she was told of her sister’s miscarriage.“I was holding on to my four month baby,” said Mrs. Ah Ta.“I was shocked when I was told that my sister had a miscarriage. I felt unhappy.“From today I have never seen the baby or touched the child’s body; I thought it was only blood clots.”Asked by Ms. Leavai that in an affidavit Senara claimed that there was baby, the defendant said: “No it was only my baby.”Ms. Leavai then put it to defendant that “Senara said there was a bucket of water and you poured it in baby’s mouth while baby was held by others and choked the baby with your right hand.”Mrs. Ah Ta denied this.