A private prosecutor has opposed a bail application by a man accused of defaming a politician he alleged was responsible for the death of a teenager in a hit-and-run accident in 2021.

The bail application was lodged by Sam Sua also known as Fauena Sua or Sam Simiko and his wife Sivai Kepi Mamea. 

Sua is charged with harassment using an electronic device, defamation, misleading the authorities, and giving false information amongst other charges while his wife faces a charge of accessory after the fact.

A third defendant in this case, Lise Marie Schmidt is already out on bail.

The defendants were represented by lawyer Lagaaia Fetu Lagaaia and the private prosecutor is Leinafo Taimalelagi Strickland. 

Presiding is District Court Judge, Talasa Atoa Saaga.

Lagaaia confirmed receiving documents from the prosecution opposing his client's bail. 

He said he had already discussed the documents with Sua but not with the co-defendant and would need time to do so. 

Furthermore, he raised issues with a scheduled CT scan for Sua that was not carried out. Prosecutor Strickland responded she was aware of the CT scan referral that was scheduled for Sua. 

She told the court that the police took Sua to the national hospital for his scheduled appointment but were informed by health officials there wasn’t a medical appointment for the defendant. 

The police took Sua back to Tanumalala prison after the health officials informed them they would get back on a CT scan for the defendant but have not heard from them since. 

“Police did act on the advice for a medical CT scan,” said Strickland. 

Judge Atoa-Saaga adjourned the bail hearing to 15 February and for the CT scan for Sua to be done before then. 

Sua and his wife were remanded until their next appearance. 

The pair have yet to enter their plea to the charges against them and prosecution has yet to finalise charges. 

 The M.P. for Faleata no3, Lealailepule Rimoni Aiafi and businesswoman Mayday Cai complained against Sua in September last year over allegations of their involvement in the 2021 unsolved hit-and-run case.