The Supreme Court has granted bail to the fourth defendant in a high-profile case alleging conspiracy to murder a former prime minister of Samoa. 

Supreme Court Justice, Niava Mata Tuatagaloa delivered the decision on Thursday at the conclusion of a closed-door bail hearing. 

Talalelei Pauga of Brisbane and Manono is facing a joint charge of conspiracy to murder the former prime minister, Tuilaepa Sailele Malielegaoi in 2019. He entered a not-guilty plea to the charge. 

He was represented by lawyer Tufuga Fagaloa Tufuga with counsel Elizabeth Tiitii-Lam of the Attorney General's Office acting for prosecution. 

Pauga has been in custody since being extradited to Samoa from Australia on 1 September 2023. He had been under the custody of the Australian authorities since August 2020 while the Attorney General's Office kick-started the process to get him extradited. 

There were four affidavits filed in support of Pauga's bail application which include one from Dr. Samuelu Fuimaono that confirmed the defendant suffers from Guillain-Barre Syndrome. 

However, the prosecution had opposed bail on two grounds, mainly the applicant absconded from the country and secondly, there is no known fixed address for him to be bailed out too. 

No affidavits were filed in support of the opposition by the prosecution which is normally filed by the police officers. 

Justice Tuatagaloa said she was baffled by the prosecution's attitude toward the bail application and the grounds that they raised to oppose it. 

She noted asking the prosecution as to whether there was a charge laid against Pauga prior to him leaving the country the response was no charge was filed at the time. 

According to the court, the prosecution's concern about the defendant again absconding if granted bail had no substance. 

Justice Tuatagaloa said the prosecution agrees that there is no just cause for the defendant to be continuously held in custody. 

"Prosecution was asked by the court why they did not include as a ground of opposition the strength of the prosecution case against the defendant given the history of this matter and that the co-defendants are now serving imprisonment terms," ruled the Judge.

"The prosecution's response was unsatisfactory that the reason is because their case depends on their witnesses. The court should not have to do the job of or for the prosecutions." 

After considering the application, Justice Tuatagaloa decided to grant bail to Pauga but with strict conditions. She ordered the defendant or his family to provide a SAT$2000 good behaviour bail bond to be paid to the Registrar and forfeited to the state if he fails to remain in good behaviour and breaches the conditions. 

In addition, the defendant is to reside at Lalovaea at the residence of Josephine Fuimaono-Sapolu, to refrain from interfering with the prosecution witness and surrender his travel documents. 

Pauga is also ordered to stay away from the complainant's place of residence, refrain from posting on social media and report to the Apia police station twice a week.