Suspended cop seeks discharge on assault

Suspended Constable Silivelio Lui has appeared in Court for sentencing in relation to an assault incident to which he is seeking a discharge without conviction. 

Prosecutor, Priscilla Betham, sought the Court’s discretion to postpone the sentencing, to give them ample time to respond to the motion by the defence.

The prosecution also sought an affidavit as part of the motion for the matter to be discharged with conviction.  

The defendants are represented by Aumua Ming Leung Wai and the matter was heard before District Court Judge Loau Donald Kerslake. 

“I would like an opportunity to consider [the motion] and to see if the criteria [is fulfilled] according to what is required,” said Betham. 

Aumua agreed with the prosecution about the adjournment. 

The defence then sought for an expedited sentencing date. 

“This matter has been outstanding for a while and firstly the defendant is currently suspended from his job as a Police Officer without receiving any pay,” said Aumua. 

Aumua said the affidavit matters can be “sorted out between the counsels”. 

Judge Loau postponed sentencing to 17 July and in turn the prosecution informed the court the Police summary of facts had been submitted to the defence for their review. 

Asked whether the defence disputes the summary of facts, Aumua sought a chance to review the document, noting that it was only submitted on Thursday. 

Constable Lui had since been suspended from duty and stood down as a member of the Police Tactical Operation Squad.

The charges are related to an assault incident which occurred while he was off duty. 

Prior to entering the courtroom, the suspended Police Officer called out to the Samoa Observer Cameraman Aufai Areta Areta that he would throw his camera from the second floor of the court building. 


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