Translated from FaaSamoa. The high profile case of FAST Party leader Hon Laaulialemalietoa Leuatea Polataivao Schmidt and five others, is underway before the District Court of Samoa with 76 witnesses expected to take the stand over five weeks set aside for the trial.
The leader of the FAST Party has maintained his innocence since charges were laid against him in January 2025, assuring his Constituency and the public that the truth shall prevail.
Laaulialemalietoa is jointly charged with former Associate Minister and current Member of Parliament Fepulea’i Faimata Su’a, former Police Officer Li’o Faataumalama Auvaa, Lise Marie Schmidt and Samuelu Fauena Su’a – the man who says he witnessed a hit and run on the night of Tuesday 20 April. Samuelu’s wife, Sivai Kepi, is the 6th defendant.
Charges against the six defendants include fabricating evidence, conspiracy to commit an offence, harassment using electronic means, and defamation.
The political aspect of the case is that the defendants say they have evidence that Opposition Party Secretary and long serving Faleata MP, Lealailepule Rimoni Aiafi, was the driver of the vehicle that killed Tuuau Faasavalu, an NUS Diploma in Tourism student who tragically died from a hit and run on the night of Tues 20th – early hours of Wed 21st April 2021 – near his home at Vaitele.
The story of the hit and run was first publicised by Samoa Global News, in an up-close-and-personal interview with the 18-year-old’s parents, and his friend he had been with that night.
During the first day of Court proceedings on Monday 26 May 2025, the Samoa Police Commissioner was the first of 76 police witnesses to take the stand.
Commissioner Auapaau Logoitino Filipo told the Court that in May 2023, MP Fepuleai Faimata Su’a who was an Associate Minister at the time, had asked for the Tuuau hit and run case file.
According to the Police Commissioner, Fepulea’i had asked for a rental car so he could bring in 3 witnesses whom he said could testify that Lealailepule Rimoni Aiafi was the driver of the vehicle that struck Tuuau.
“He said the witnesses did not want to talk to Police, so he did not want to use a police car to bring them in.”
The police case for the NUS student hit and run was being led by Tupai Sapani Leleimalefaga of the Samoa Police traffic division, and Auapaau said he had to tell the Associate Minister that his request to view a Police file, could not be accepted.
The Police Commissioner also told the Court that in July 2023, he was asked to a meeting by then Minister of Agriculture, Hon Laaulialemalietoa Leuatea Schmidt. Auapaau said that when he arrived at the Minister’s office, he was surprised to see Li’o Faataumalama Auvaa, a police officer who was assigned to the Poutasi Police Outpost at the time. The Court heard that the Minister of Police was also present at this meeting.
The Police Commissioner testified that Laauli conveyed to them all that an investigation has been completed and they have evidence that HRPP MP Lealailepule Rimoni Aiafi was the driver of the hit and run case.
According to Auapaau, Laauli had told them, Li’o Faataumalama was the only Police Officer capable of leading this investigation and should be assigned to the case.
“He also said we should arrest Lealailepule because the witnesses and all the evidence had been verified by their lawyers.”
Auapaau said Laauli had told them their three witnesses – Samuelu Fauena Su’a, his wife Sivai, and Lise Marie, were all staying at the Moanalisa Hotel.
The Police Commissioner told the Court the intervention by Laauli led to a 4 week investigation where Tupa’i Sapani Leleimalefaga of the Samoa Police traffic division was told to bring the witnesses to Lynn’s Motel under the Ministry’s budget, and investigate the validity of their evidence.
Auapaau told the Court that after 4 weeks, his Investigating Officers reported that the evidence was fabricated and they had found there was no substance to the witness testimonies.
Aupaau said he and the IOs then went to convey the results of the Police Investigation to Laaulialemalietoa.
Auapaau said he could see the Minister was not happy with the results. “He told us to arrest Lealailepule, and then put him together with Samuelu, and listen to them both to determine who is lying..”
The Police Commissioner told the Court that he advised Laaulialemalietoa to take a private prosecution against Lealailepule, if he was confident of the witness’ evidence, but Police were unable to press charges because they could not verify the evidence and testimonies of the witnesses.
The Commissioner said that it would be two months later, in September 2023 during Samoa’s by-elections, that he and the Ministry of Police were shocked to see the interview between Samuelu and the host of Tautai A’e – an online NZ media program.
It was during this interview which had gone viral on social media, that triggered the charges against all 6 defendants.
Samuelu had said during the hour and 24 minute interview on social media, that he had seen a businesswoman, May Cai, inside the vehicle with Lealailepule. He accused Lealailepule of giving him money to keep quiet regarding the hit and run.
Sam had also made serious allegations towards the Police Commissioner, accusing Samoa’s top cop of being involved in drugs and taking bribes.
The Court then watched the full interview by Samuelu Fauena Su’a aka several other names which were read out in Court.
During cross examination defense Counsel from New Zealand Mr Richard Merchant, put to the Police Commissioner that his Investigating Officer, Tupa’i Sapani Leleimalefaga had never interviewed Sam and his wife, Sivai.
According to the Defense Counsel, only Lise Marie Schmidt was interviewed by police.
The Police Commissioner responded that Investigating Officers will testify and can give evidence if what Counsel is suggesting is true.
Also during cross examination by another NZ based defence counsel, Kathryn Dalziel, the Police Commissioner was asked about a conflict of interest, given that he was himself a complainant in the case before the Courts.
Kathryn Dalziel said the three complainants are Lealailepule Rimoni Aiafi, May Cai, and Police Commissioner Auapaau.
Defense Counsel put it to Auapaau that as a Complainant, he could not also put on his as a Police Commissioner.
The Police Commissioner responded that the impact of Samuelu’s misleading reports and false accusations are immense upon the Ministry of Police. The reputation of the Police has been tarnished and the publics trust in the police has been gravely affected by Samuelus accusations which the Police Commissioner maintains, are false and far from the truth.
The Police Commissioner added that Samuelu or Sivai were never part of the first investigations into the hit and run. None of the witnesses had ever said Samuelu was at the scene of the accident.
The Commissioner says it was only after two years had passed that Samuelu suddenly stated that he was at the scene of the accident.
The defence counsels are Muriel Lui, Richard Merchant, Tanya Toailoa and Kathryn Daziel while the Police case is being led by Private Prosecutor Taimalelagi Leinafo Strickland.
The case continues in the District Court with Her Honour Judge Talasa Atoa Saaga presiding.
The Courtroom has limited capacity and Court staff arr only allowing family members of the 6 defendants, and one member from each mainstream media outlet.
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