The accused, Samuelu Su’a, claimed that he had just signed a statement written by the police

Author: Raj Keresoma

Apia, Samoa – August 8, 2024 – Defendant Samuelu (Sam) Su’a, who is charged with defamation and providing false information to the police, testified in court this week that all the statements he signed before investigating police were prepared by the police and all he did was sign them.

Clarifying his statement, he said every time he was taken from Tanumalala Prison to the Police Headquarters in Apia for further investigation, all he did was sign the statement that had been prepared by the police.

He confirmed that his signature was present on all the statements shown to him in court and during cross-examination by prosecutor Taimalelagi Leinafo Strickland, but he denied knowing their contents.

He named Superintendent Tupa’i Sapani Leleimalefaga, Constable Tony Tevaga and Superintendent Sala’a Sale Sala’a who looked after him during the police investigation.

When asked if he was informed of his right not to say or make any statement, Sam replied “no”

“They just gave me papers to sign, nothing else,” he said.

Samuel Lu is one of five defendants in the April 2021 hit-and-run incident involving a college student in Vaitler.

He publicly named certain individuals and linked them to the hit-and-run incidents, and suggested drug and police collusion in the three-year, fruitless investigation.

Samuel gave evidence in his bail appeal application on Monday.

Video interview with police
Samuel insisted he did not know the contents of the statement but signed it because police insisted he could be charged again if he did not.

He later told the court that all his interviews were filmed and insisted the videos would reveal the truth about what happened during the interviews.

“They also filmed me being interviewed at the Mata-Utu police traffic unit,” he said.

Samuel said Assistant Police Commissioner Papalii Efo Peika was also present at one of the interviews and she told him the videos would come in handy if needed.

Aliases for Sam
One of the reasons why Samuel Lu’s bail application was rejected was that he allegedly used two birth certificates as aliases.

One birth certificate gives her name as Samuelu Piki Lavasii with a birthday of August 30, 1983. The other birth certificate gives her name as Fauena Asuelu Leau Toese Sua with a birth date of November 30, 1983.

When asked why the names on the two birth certificates were different, Samuelu said the name Samuelu Piki Lavasi’i was registered by his biological parents.

As for the different month on his birth certificate, he did not know what happened but insisted that his birthday was August 30, 1983.

Another birth certificate listed his uncle Fauena’s name.

Samuelu’s sister Sita gave evidence and further explained why the name on the birth certificate was different.

She said the first birth certificate was registered by Samuelu’s biological parents, and the second certificate with their uncle’s name was obtained when Samuelus’ mother remarried.

Samuelu and Sita have the same mother but different fathers.

Sita’s evidence was corroborated by a document from the Statistics Bureau which stated that both birth certificates were registered by Samuel Lu’s mother, Faiesea.

Sam’s Secret Name
Prosecutors also opposed Samuelu’s bail because he used many aliases and said he was a “flight risk.”

“Smico” is one of Samuelu’s aliases. However, Samuelu explained that Smico was the name given to him by the police as an undercover informant.

However, Superintendent of Police Tupai Sapani Leleimalefaga denied that the accused had been recruited as an “informant” by the police.

“Sam was known to the police for his involvement with drugs, so when he got upset with a drug dealer, he would tell the police and we would search that person’s home, and sometimes Sam would go to the police station just to WanderingTupay said.

Tupa’i’s account contradicts the testimony of former police officer Lepana Tomasi Tu’ua, who corroborated Samuelu’s claim that he was an informant in the police drug investigation.

Presiding Judge Vui Clarence Nelson said Lepana’s affidavit could not be used as evidence in the hearing. But it was part of the record of the hearing in the local court.

Pre-paid claims
Justice Nelson noted that one of the reasons why District Court Judge Talasa Atoa Saaga refused bail was because of the prosecution’s claim that Samuelu had interfered with prosecution witnesses.

Judge Nelson wondered why Judge Sagar attached so much importance to this part of his judgment.

Samuel Lu’s lawyer, Fuimaono Josephine Sapolu, said the claims were made before Samuel Lu was actually charged.

Fuimaono also raised the question as to why the police did not oppose the bail applications of Va’a and Maylene Brown who were facing more than 200 defamation charges, but opposed Samuelu’s bail application on similar charges.

Bail Application
Fuimaono said the actual hearing on the charges against Sam and four others is now scheduled for May 2025.

She said if Samuel is granted bail it should be under very strict conditions, including a curfew, and that her client should also be given a chance to correct his birth certificate, which is at the heart of all the issues.

The suppression order is meaningless
Judge Nelson wondered why a confidentiality order was issued to keep public Judge Talasa’s decision to deny Samuel bail.

Both the prosecution and Fuimaono said it was about the names of witnesses and that the actual hearing had not yet taken place.

Judge Nelson said the case was well known and everyone knew about it; therefore such an order was meaningless.

He postponed a decision until next week.