The Police will not proceed with a complaint filed by the General Manager of TV3, Aotearoa Pesamino, against the Regulator, Lefaoali’i Unutoa Auelua-Fonoti.

Ms. Pesamino had accused the Regulator of repeatedly swearing at her in a complaint she had lodged with the Public Service Commission (P.S.C.), and later with the Police.

At the conclusion of their investigation, however, Police Superintendent Auapa’au Logoitino Filipo informs Ms. Pesamino, of Ululoloa, that her complaint is “unsubstantiated.” 

He added that the Regulator has already "written an apology" and that the "lapse" of time between when the alleged offence was committed in May and the filing of the Police complaint last month, makes it difficult to proceed.  

In a letter to Ms. Pesamino, dated 3rd December 2019, Superintendent Auapa’au said the Police had investigated the complaint lodged with them on the 11^th November 2019.

“After our investigation and review of evidence and witness available and present for this matter, we have concluded that your complaint is unsubstantiated on the following grounds:

 (a) there is a possible evidential issue as to whether a public breach of the peace took place given the work related closed door phone call.

 (b) despite the evidential issue, the seriousness of the offence alleged is a low-lever minor offence in the overall scheme of criminal justice system.”

Superintendent Auapa’au pointed out that the “alleged offence usually results in a non-conviction or discharge without conviction.”

This is considering the fact that the Regulator “has already written an apology” and “also the lapse of the time for the matter to be brought up.”

“Given the above (circumstances), we wish to inform you that your complaint will not be proceeded for prosecution.

“We understand that your matter is also with the Public Service Commission (P.S.C.). We advise that this matter be proceeded at the P.S.C. standard for their administrative decision.”

The investigating officer was Constable Tuli Filipo.

Asked for a comment, Ms. Pesamino declined.