Sam gets new lawyers

By Matai'a Lanuola Tusani T - Ah Tong 08 April 2024, 9:00PM

Two new lawyers have taken over the legal representation for a couple facing a string of charges for alleged conspiracy following the withdrawal of the initial counsel. 

Lawyers Unasa Iuni Sapolu and her daughter Josephine Fuimaono Sapolu are now representing Sam Sua and his wife Marie Sivai Mamea in their appeal against their bail being rejected. 

The couple was initially represented by lawyer Lagaaia Fetu Lagaaia who filed an official application to withdraw as counsel on Monday before the Supreme Court.

Supreme Court Justice, Fepuleai Ameperosa Roma granted the request from Lagaaia to withdraw. 

Ms. Fuimaono Sapolu subsequently applied for an adjournment to allow for the transfer of files and amend a notice of appeal for the defendants. 

She also asked for an urgent hearing date to hear the appeal. 

Justice Roma granted adjournment for the new lawyer to obtain instruction from their client. 

He told the new lawyers that upon obtaining instructions they can get confirmation whether to amend the motion of appeal or not. 

The prosecution has filed their opposition to the notice of motion to appeal the bail being denied for the defendants. 

The matter will be called again on 22 April. 

The decision from Lagaaia to withdraw as lawyer for Sam and his wife came at the back of an official complaint lodged by the Police Commissioner against him with the Samoa Law Society. 

The Police have asked the Samoa Law Society to investigate if the conduct of the lawyer was ethical alleging he harboured the defendants who have been at large for sometime and were captured at his law firm. 

Lagaaia maintained a lawyer must hold appointments with clients in public office and the complaint is on the borderline of breaching Sam’s constitutional rights of getting access to justice. 

Meanwhile, Sam and his wife had their bail denied by District Court Judge, Talasa Saaga Atoa in February on grounds that they were a flight risk. 

In her reasons, Judge Saaga Atoa noted there was substantial evidence from the prosecution that Sua had used multiple aliases in the past. 

So far he has had 16 aliases and it was noted he could use other names without much detection. 

Other risks that the court considered included the defendant colluding with co-defendants and interfering with police witnesses and this was supported by affidavits from victims and the police.

By Matai'a Lanuola Tusani T - Ah Tong 08 April 2024, 9:00PM
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