Charges against Commissioner withdrawn
Suspended Police Commissioner Fuiavailili Egon Keil is a happy man.
It follows a decision made by the Supreme Court to dismiss all charges against him due to insufficient evidence.
Fuiavailili faced more than 200 charges filed by the Ministry of Police in relation to fire arms and one of incite to murder.
Judge Mata Tuatagaloa presided over the matter.
A private prosecutor hired by the Office of the Attorney General from New Zealand, Kenneth Nigel Hampton, QC, told the court that there were several reasons that indicated the matter be dismissed.
“The applications that have not been properly investigated were objected to by the independent investigators,” said Mr. Hampton.
“Interviews of potential witnesses of an acceptable certain standard were not done.
“No appropriate legal advice was sought first before the charges were laid and the accused was arrested and the public interest was not met.”
Judge Mata Tuatagaloa granted the application to withdrawn all charges against the Suspended Police Commissioner.
“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,” she said.
“Mr. Hampton, after he had reviewed all the charges and evidence and independent of the application by accused for state of proceedings upon the following grounds to name a few:
The applications that have not been properly investigated are objected to by the independent investigators.
Interviews of potential witnesses of an acceptable certain standard were not done.
No appropriate legal advice was sought first before the charges were laid and the accused was arrested.
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.
Lastly of all the investigations, arrest and prosecution of this case are deeply and immediately compromised.
“Mr. Hampton on behalf of the prosecution therefore seeks leave of the court to have the charges withdrawn.”
Scenes of joy took place outside of court after Judge Mata Tuatagaloa handed down the decision to withdraw all charges against Fuiava.
Outside of court Fuiavailili told the media that he is grateful that justice has prevailed.
“I always knew that if you did the right thing for the right reasons you will be okay,” he said.
“As Commissioner I took an oath to uphold the law to protect our people, country, government and I take that seriously.”
He acknowledged the support of his family and the people of Samoa.
“So I just like to thank my family who have always been there all the way through,” he said.
“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.”