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Accused Leone substation shooters go to trial next week

Translated by Samoa News staff

Trial of the four men accused of shooting at the Leone police substation two years ago has been reaffirmed to get underway next week Tuesday, after the High Court dismissed several motions including those pertaining to “missing pages” and information “erased” on a police report of the shooting, according to information revealed at last Friday during a hearing defense motions.

However, there is possible hitch in getting the trial moving, as one of the defense attorneys will be leaving the territory next week after completing her government contract.

The accused, Manu Lefatia, Sinapati Tu’ufa’anatu, Tuliese Taliu and Mosegi Solia Jr., all remain in jail unable to post bail. They are accused of shooting at the Leone substation in November 2014, and no one inside the building was injured, although there was damage to the building.

At last Friday’s hearing, Acting Associate Justice Elvis P. Patea, who was flanked on the bench by Chief Associate Judge Mamea Sala Jr., and Associate Judge Tunupopo Faleafaga, heard arguments from both sides on several defense motions, including one from Lefatia’s defense attorney Sharron Rancourt, who asked for a court order directing the government to provide all discovery they plan to present during trial.

Rancourt explained that the police report, which includes statements by witnesses interviewed by police following the alleged shooting that was given to the defense shows some parts were erased and some pages are missing and therefore the report is not complete.

Rancourt argued that the court order the government to provide the missing information and missing pages, which will be useful to the defense in preparation for trial.

Assistant attorney general Jerard Murphy interjected and argued that the complete police report of the alleged shooting has been given to defense attorneys and he doesn’t understand what other missing pages and evidence that Rancourt had argued was not given to her.

It was Patea’s turn to interject and explain to all parties rules of court pertaining to evidence for trial and that the government cannot hide any evidence, which must be provided in discovery to defense attorneys.

Murphy responded that after the government presented the original police report to defense attorneys, it was learned this year that part of the police report was on the desk of the police officer, who was in charge of the case. Thereafter copies were made and presented to defense attorneys.

At this point, said Murphy, every single page of the police report and other discovery specific to the Leone police substation alleged shooting had been given to defense attorneys. Additionally, the government is not hiding any evidence.

Patea told all parties that it is now two years later and this case remains pending in court and the reason for the many motions by defense attorneys before the court is that it’s their belief the government has not provided all evidence — including the complete police report. And these motions, he says, continue to complicate and slow moving this case forward.

Public Defender Douglas Fiaui, who represents one of the defendants requested the court to have Police Commissioner, Save Liuato Tuitele take the witness stand on his testimony about the police report based on the police investigation.

When Fiaui asked about the police case file of the shooting that includes the police report, Save responded that he has copies while copies of the files have been given to defense attorneys. Additionally, there are no missing reports or missing evidence.

At the conclusion of the hearing, the court dismissed all of the defense motions with Patea reaffirming to all parties that trial will begin Dec. 6. (Samoa News notes that jury trial usually begins with jury selection.)

Assistant public defender Karen Shelly, who is the attorney for Tu’ufa’anatu, later told Samoa News that she plans to file a motion some time this week to replace her and for a court appointed attorney be named for her client.

Samoa News understands that Shelly is departing the territory next week, after completing her employment contract with the Public Defender’s Office.

Murphy told Samoa News that this is a complicated case and there are other issues involved. For example, the officers who investigated this case are the same officers who were at the police substation at the time of the alleged shooting.

And Samoa News understands that the government may bring in as a witness, the Federal Bureau of Investigation special agent, who was involved in the investigation of the shooting. As reported by Samoa News last year, the FBI assisted local police in the investigation of the case.

 

Original Samoan story published in Lali section of yesterday’s Samoa News edition.