S.R.U. Deputy's trial delayed

The hearing of the Deputy Chairman of the Samoa Rugby Union, Seumanu Douglas Ngan Chun has been further delayed due to outstanding documents for the trial to be filed by the prosecution. 

Seumanu was scheduled to answer to a charge of failing a breathalyzer test before the District Court. 

He has pleaded not guilty to the charge against him that stemmed from an alleged incident in July last year. 

Represented by Matafeo George Latu, the defense indicated in Court they were ready to proceed. 

However, prosecutor and Attorney General’s Office lawyer, Iliganoa Atoa said prosecution is not ready to go ahead with the trial due to outstanding documents needed to be disclose in Court. 

Judge Leota Raymond Schuster queried what the documents were. 

In response, Ms. Atoa said one of those is a certified copy of the breathlyser machine certificate of compliance. 

But defense lawyer Matafeo raised issues with prosecution delay in certifying the copy pointing out he had received a copy of the certificate of compliance in November last year. 

The lawyer argued the further delay is unfair to his client who has had the matter hanging on him since last year when he made Court appearance. 

Judge Leota then ordered prosecution to have all the outstanding documents ready by next hearing date on 10 June 2020. 

But before the case could be adjourned, Matafeo raised another matter in to outstanding documents. 

The defense lawyer said under the Road Traffic Ordinance Act, it is required by law to present a notice of approval for the device together with the certificate of compliance. 

“My point is the notice [referred to in the Act] should be published in Savali and where prosecution discloses the certificate of compliance it should also disclose the notice,” he said. 

Matafeo asked that the Court orders prosecution to provide the necessary document required by law. 

Judge Leota adjourned the matter until June 10 for hearing and for the prosecution to file the outstanding documents. 

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