”Since the charges are final, we can have them served,” she said.
Ms Su’a also told the court that under the prosecution’s normal procedures, they could only serve the trial documents to the defense after the accused enters a plea to the charges.
By Pai Mulitalo Ale APIA, Samoa (Samoa Observer, August 30, 2016) – The matter against the suspended Police Commissioner Fuiavailili Egon Keil has been adjourned to the 12th September 2016.
The adjournment is for prosecution to supply the defence counsel with all the trial documents and information about the charges against the accused.
However, she would try and serve the defense counsel with the trial documents before the end of the week.
In upholding the evidence of these proceedings, he also told the court that his client has the constitutional right to be promptly informed of the cause of the accusations against him. Koria was also not in a position to enter a plea in relation to the charges against his client because he needed to review the charges first.
The charges are also based on a report issued by the Office of the Ombudsman Maiava Iulai Toma, who blasted the behavior of the Police, including the Police Commissioner Fuiavailili, as “irresponsible” and “unlawful” and “cruel”.
Mr Misa was arrested at gunpoint by a contingent of armed plain clothed officers in front of a shocked and distressed Fugalei Market Place.
Fuiavailili appeared in the Supreme Court before His Honour, Chief Justice Patu Tiava’asue Falefatu Sapolu and was represented by his lawyer Komisi Koria.
Leone Su’a appeared on behalf of the National Prosecution Office. has not had the courtesy to serve copies of the charges to us.And it transpired that Mr Misa had committed no crime, and the arrest was carried out based on insubstantial and second hand evidence. Misa lodged a complaint against the Police, which was investigated by the Ombudsman’s Office.