A senior police officer who led the investigation into the conspiracy case against six accused was queried on how anyone in Samoa could feel safe if police pressed charges against witnesses providing evidence. 

On trial are La'auli Leuatea Schmidt, Fepuleai Saumata Sua, Lio Faataumalama, Sam Sua, Sivai Kepi and Lisemarie Schmidt. The accused have denied multiple charges of conspiracy to defeat the course of justice, fabricating evidence, defamation, insulting words and harassment using electronic devices.

Superintendent Tupai Sapani Leleimalefaga was cross-examined on Tuesday by overseas lawyer, Kathryn Dalziel, who was persistent in her questioning of Tupai over the processing of the charges against her clients, Sam Sua and Sivai Kepi. 

In particular, she raised matters with police charging the two defendants with a list of charges relating to an affidavit submitted to investigate the suspect in a hit and run. 

But instead, the couple, together with politician La’auli Leuatea Schmidt, Fepuleai Faimata Sua, Lio Faataumalama and Lisemarie Schmidt were struck with multiple charges. 

Ms. Dalziel read out a section of Sivai’s affidavit where she talked about discussions she had with Sam at her house, contesting that there was no witness who contradicted what happened on that day. 

In response, Superintendent Tupai said that is what the police believed, Sam was not present on that day, insisting the affidavit from the couple was entirely fabricated. 

The lawyer also put it to the leading officer that there was a lack of care in the charges against Sivai, noting that the police just copied and pasted Sam’s village under the defendant’s name. 

She added that Sivai was a witness and was unfairly charged. 

Tupai denied this and was firm in his position that the charges were the outcome of their investigation and had evidence to support it.

At this point, Ms. Dalziel raised issues that no one in Samoa will feel safe about coming forward with evidence if police charge them for doing so. 

Tupai responded that this was an important case in the history of Samoa, noting that witnesses should present factual evidence to police, not fabricated. 

Ms. Dalziel told Tupai that he did not have documents at the time to discredit the evidence from Sam and Sivai, and their position was based on what other witnesses said without a thorough investigation. 

Tupai said their investigation found that the statements from the couple were fabricated and led to the charges. 

Ms. Dalziel called out the charges against her client, labelling them as ridiculous for being given duplicate charges for things repeated in three separate incidents. 

But Tupai disagreed and explained the process of charging defendants by using an example of an overcrowded bus. 

He said if a bus is overcrowded in town, the police will charge them there, and if the same bus continues on the same trip to Afega and Faleolo, still being overcrowded, they will be charged again for those incidents. 

Ms. Dalziel put it to the senior officer that the charges of fabricating evidence were different to those of an overcrowded bus.  

Tupai said he believes it is the court that decides and rules on the charges. 

The trial continues. 

Meanwhile, La’auli and Fepuleai have been excused from sitting in the trial due to an application made by their lawyers to grant their absence on the grounds of going to another court matter to address a constitutional crisis.