Application for manslaughter accused to leave country granted

The Supreme Court has granted an application, by one of two men accused of manslaughter over the death of Jeremiah Malaki Tauiliili, to leave the country.

The decision on the application by Herman Westerlund to leave the country next month, and to return in January next year, was delivered by Justice Tafaoimalo Leilani Tuala-Warren.

“I find there is no risk that the applicant will fail to appear in Court on his hearing date,” Justice Tafaoimalo said, before granting the application.

Suapaina Savai’inaea is the other defendant. The men have both pleaded not guilty to the charges against them. 

The substantive hearing for the matter is scheduled for February next year. 

The application for Westerlund was granted on conditions that his parents provide two surety to the tune of $50,000 each. 

Justice Tafaoimalo also issued an order to prohibit the publication of facts surrounding the case which may prejudice the right to a fair trial for the accused. 

The Judge explained the only matter that can be published for news purposes is the fact that the accused applied for variation of bai.

Mr. Westerlund was represented by lawyer, Muriel Lui. The prosecutor was the Attorney General’s Office lawyer, Silupevaelei Rexona Titi. 

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