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All charges against suspended Samoa Police Commish dismissed

Police Commissioner Fuiavaili’ili Egon Keil [SN file photo]
joyetter@samoanews.com

 “Justice has prevailed today,” said suspended Police Commissioner Fuiavaili’ili Egon Keil outside of the Supreme Court with Samoa News following the dismissal of the criminal case against him. This matter is in connection with one count of Inciting, counseling and procuring to commit murder, 100 counts of Armed with a dangerous firearm, 148 counts of being in possession of an unlawful weapon, 8 charges of Unlawful Intimidation, six counts of threatening words and two counts of Insulting Words.

The decision in this matter was handed down by Supreme Court Justice Mata Tuatagaloa, Leiataua Komisi Koria represented Fuiavaili’ili Egon Keil and New Zealand based attorney, Kenneth Nigel Hampton, QC was the Independent Prosecutor (IP) hired by Samoa’s Attorney General’s office. 

During the hearing yesterday morning, Hampton moved to dismiss the charges against Fuiavaili’ili noting the charges were not properly investigated and that interviews of potential witnesses of an acceptable certain standard were not done and that legal advice was not sought prior to arresting the suspended Commissioner.

The application was welcomed by Leiataua. Following Hampton’s application, Justice Tuatagaloa pointed out “given the nature and circumstances for this proceeding for charges, the Attorney General, as Acting Director of the National Prosecution Office appointed an independent counsel to review the charges, evidence and all matters pertaining to the charges for the court.

Mr. Hampton, after he had reviewed all the charges and evidence and independent of the application by accused stated, “The public interest was not met and never was and to proceed with the charges will be manifestly not in the public interest; the matter would have been best raised and explored in an inquisitorial Commission of Inquiry, therefore it is not in the public’s interest to seek and lastly of all the investigations, arrest and prosecution of this case are deeply and immediately compromised.” 

Justice Tuatagaloa then granted the motion to dismiss and to have the charges withdrawn. Samoa News has requested Justice Tuatagaloa for her order and judgment in this case as to the “other” reasons why the case was dismissed and it’s been promised that it will be released this week to Samoa News.

Late last year cabinet stepped into the police dilemma and the reshuffle has landed the police back under the scope of Prime Minister Tuilaepa Sailele Malielegaoi. Prior to that the cabinet moved to suspend Assistant Police Commissioner Samoa Mulinuu Mulinuu the same day Fuiavaili’ili was also placed on suspension when he turned up to work after the previous case against him was dismissed by the court.

Fuiavailili in his public statement before the media minutes after charges against him were dismissed said, “justice has prevailed today. I always knew that if you did the right thing for the right reasons you would be okay. As Commissioner I took an oath to uphold the law to protect our people, country, government and I take that seriously. I want to thank my families who have always been there all the way through. I would like to thank the people of Samoa and all over the world who called and sent messages to me in support. I’d also like to thank my attorney Leiataua Komisi Koria of Clarke E Lawyers for his work. That is all I can say right now but it feels good and I thank God.”

Samoa News received a copy of the memorandum filed by Hampton with the Supreme Court after the case was withdrawn. Hampton pointed out the memorandum was filed after the matter being called yesterday morning. Hampton noted in his memorandum that having reviewed all the charges and the evidence, and independently from the defense application, it has been concluded that all the charges before the court should not proceed to trial and that all counts should be withdrawn.