An application by two employees of the Edge Marina View at Matautu, to revoke a Departure Prohibition Order (D.P.O.) in connection to a Police investigation into alleged tampering with evidence, in the death of Jeremiah Malaki Tauiliili, is unsuccessful.

The decision was delivered during a closed Court session in the Supreme Court on Friday before Justice Tafaoimalo Leilani Tuala-Warren.

Lawyer Alex Su’a represented John Maiava and Miriama Maiava of the Edge. Lawyer David Fong stood for the Office of the Attorney General.

The session where Justice Tafaoimalo delivered her decision was closed to the media and members of the public. 

Court officials confirmed with the Samoa Observer that Justice Tafaoimalo made the decision based on an application by Mr. Su’a and the Office of the Attorney General.

John Maiava and Miriama Maiava were stopped from leaving the country due to the D.P.O. imposed by the Attorney General’s Office, since they are involved in an investigation into alleged tampering with evidence.

Last week, a hearing for the application to revoke the D.P.O. was called.

At the time, Mr. Fong told the Court that while the separate investigation for alleged tampering of evidence was completed, the second stage of it is still pending.

“The investigation was completed recently and the matter is now with our office, specifically the Prosecution division,” Mr. Fong said.

“How these things work is the Police carry out their investigation and make a recommendation that is referred to us.

“The prosecution is in the process of reviewing the file and will make a final decision to charges.”  

The Court was told that the employees are witnesses for another trial where Herman Westerlund and Suapaina Savai’inaea have pleaded not guilty to manslaughter in relation to the death of Mr. Tauilili.