20-year-old Marie Tusi Kepi Ape Mamea from Sa’asa’ai Savaii, testified in Court that she was forced to have sex with her aunty’s husband Samuelu “Sam” Fauena, and was also inappropriately touched by Fepuleai Faasavalu Faimata Su’a in the lead-up to the alleged conspiracy surrounding the hit-n-run that claimed the life of Tuuau Maletino Faasavalu.
Marie is a key witness in the high profile case of former Minister of Agriculture and FAST party Chair Hon Laaulialemalietoa Leuatea Polataivao Schmidt, former Associate Minister of Police Hon Fepulea’i Faimata Su’a (Fepuleai), former Police Officer Li’o Faataumalama Auava, Lise Marie Schmidt, Samuelu (Sam) Fauena Su’a and Sam’s wife, Sivai Kepi.
Samuelu has always claimed that he and his wife’s niece, Marie, were secret lovers and the two of them witnessed a hit and run on the night of Tuesday 20th April 2021. Sam’s claim was made in early 2023, two years after the incident and points to HRPP Secretary Lealailepule Rimoni Aiafi as the driver of the vehicle. Sam had claimed from the beginning that the relatoinship with his wife’s niece, who would have been 17 at the time, was consensual.
The trial is in it’s third week before Senior District Court Judge Talasa P Atoa-Saaga. Charges against the six defendants include fabricating evidence, conspiracy to commit an offence, harassment using electronic means, and defamation.
The testimony of the young girl, Marie, is crucial to the case given Sam’s public announcement on the Tautai A’e program that on the night of the NUS student’s death, he and Marie were on a secret date at the very location of the hit-n-run, and they had witnessed the whole incident.
Marie had become a witness under police protection when according to police, she admitted she was never at the scene of the hit-n-run with Sam. According to police investigators, when the young girl was taken to the scene of the hit-n-run at Vaitele and asked to identify exactly where she had been standing with Sam – Marie buckled and told them that she was never there.
Fast forward to 2025, this week in Court, and Marie Tusi Kepi, now 20, is testifying as a key witness before the Courts.
When Marie took the stand on Wednesday morning, her testimony was highly anticipated – as it would either corroborate Sam’s claims, or confirm Police charges against Sam and co-conspirators for fabricating evidence.
When asked by private prosecutor Taimalelagi Leinafo Strickland, the young girl took the Court through a detailed account of how she had been brought to Upolu from Savaii on the promise of employment, asked if she wanted to be part of the case. She said she had been given a piece of paper with details of what to tell the police, and she describes the various motels and hotels she was made to stay in with Sam and Sivai, as well as nights she stayed at Fepuleai’s home in a room with his daughters, as well as the home of a male Police Officer who was her relative.
In her primary testimony, Marie told the Court that she was brought to Upolu from Savaii by her aunty Sivai Kepi, who had come to Savaii and told her parents that an employment opportunity was lined up for her in Upolu.
Marie told the Court she was taken to a home in Malololelei, where Sam had asked her if she wanted to be part of the case. According to Marie’s testimony, Sam told her what to say to police, while Sivai wrote all of it down on a piece of paper which they then gave her to keep.
While describing the events, Marie makes accusations towards the two male defendant who she claims had argued on more than one occasion about where she should stay.
Marie told the Court that when she first met her aunty’s husband Sam, there was an incident where he took her to a togavao behind a faleoloa and forced himself on her.
Marie: Na faamalosi a’u e Samuelu e fai feusuaiga. Leinafo: Na e faailoa la i se isi, poo Sivai le mea na tupu? Marie: Leai. Leinafo: Aisea? Marie: Ou te fefe ona o Sivai o lo’u aunty.
When asked by the prosecutor if Sam had raped her, Marie replied, Yes.
However, later during cross examination, Marie was asked by defense counsel in a double negative – E sa’o pe a ou fai atu ia oe, e sese, e le’i faamalosia oe e Sam? Tali Marie: E sa’o. Update: Defense Counsel Kathryn Dalziel repeated this question to Marie on Thursday morning. Marie has now testified she was not raped by her aunty’s husband.
Marie’s testimony alleges former Associate Minister of Police, Fepulea’i Faimata Su’a and former Police Officer, L’io Faataumalama Auava, are a central part of the conspiracy.
She describes Fepuleai as being the one who arranged accommodation for them (Sam, Sivai and Marie), and gave them money for food. Marie describes Fepuleai visiting the 3 of them, and on one ocasssion, even took her to stay with him at his home for a night. She had slept in a room with Fepuleai’s daughters.
Marie then describes a day when they were all taken to Fepuleai’s offices at the Government building where Li’o Faataumalama was also present, and it was there that Marie was made to give a written statement to a female police officer, Henifa Bryce.
Marie told the Court that when Fepulea’i had asked her [in his offices] what she knew of the hit-n-run incident, she told the MP she did not know anything about it. The witness then testifies that Fepulea’i promised her (i) a mobile phone, (ii) a job at his offices and (iii) the opportunity to travel abroad with the seasonal workers program. After that, Henifa Bryce came into Fepulea’is office and she takes down Marie’s written statement.
Marie then describes a time when she says Fepulea’i sent Sam and Sivai back to the Mareke Lodge [where the 3 of them were staying at the time].
According to Marie’s testimony, Fepuleai puts her in his car. They stop at the Maota Samoa compound in Tuanaimato because Fepuleai told her he was late to a meeting with Laaulialemalietoa and Li’o Faataumalama. She saw Li’o arrive for this meeting but says Li’o did not notice her sitting in the car.
After the meeting, Fepulea’i did not drive towards Mareke Lodge, but instead, parked his car under the shade of a tree along one of the inner roads of the Tuanaimato Sports complex. Marie told the Court that the former Associate Minister and Member of Parliament for Salega 1 allegedly watched pornography on his mobile phone, and then jumped into the back seat of the car next to her.
According to the young female witness, Fepuleai had (i) tried to kiss her, faakisi a’u, (ii) fondled her breasts, and (iii) placed his hand inside her pants.
When Sam and Sivai’s lawyer, NZ-based Kathryn Dalziel crossed examined the witness, Counsel started with a long and detailed account of the young girl’s history with men. Kathryn Dalziel made the young witness admit in open court, to former relationships she had with various partners, describing the men for the record of the Court. Defense counsel established that Marie had left school in Year 9 when she had first taken on a lover, fai le toalua.
During the rest of that cross examination on Wednesday, Marie responded in agreement with everthing put to her by defense counsel Kathryn Delziel – that she had been there that night with Sam.
However, when the Courts took a 5-minute break at 5pm, Marie returned and changed her responses back to her primary testimony, saying she misunderstood the questions that were put to her by the overseas defense counsel. Delziel asked the witness if she had spoken to anyone during the break, and suggested that police had pressured the witness during the short break.
Before the Court took a break for the day, Judge Atoa-Saaga held a closed hearing to decide where Marie would stay the night for her safety and security and to not be further influenced by either side of the case.
Marie continues her testimony in Court this morning. At the time of this report, the witness is yet to be cross examined by defense counsels, Richard Merchant, Muriel Lui and Maposua Tany Toailoa.
Update 1pm Thursday: Marie has returned on Day 2 to state that her true testimony was given to Police while the fabricated story is the one Sam and Sivai had told her to tell in the investigation led by former Police Officer Li’o Faataumalama Auava.
- Ta‘utino Lise-Marie sa Pepelo i Leoleo ma Taumafai e Fa‘asesē i le Faagasologa o le Fa‘amasinoga - September 2, 2026
- Police Brutality Alleged after Sinamoga Father Dies Following Drug Raid - August 29, 2026
- Maiava Iulai Toma Remembered for a Lifetime of Service to Samoa - August 26, 2026
