Tension filled up the Supreme Court this morning when the second alleged defendant, Suapaina Savaiinaea of Vaisigano made his first court appearance together with Herman Paul Westerlund who has been released last week Friday.
Both defendants are accused in connection to the death of 24-year-old Jeremiah Malaki Tauiliili who was allegedly beaten at the Marina night club earlier this month.
They have to enter a plea on the charge of manslaughter filed against them.
Prosecutor, Leone Su’a-Mailo when asked by His Honour Patu Tiavasue Falefatu Sapolu did not oppose bail for Suapaina.
However, the father of the deceased, Sulamanaia Tauiliili appealed to the court that Suapaina should not be out on bail given that their family is still hurt.
“Your honour, I am the father of the deceased whom these guys beat up,” said Sulamanaia.
“I see the court is granting the second defendant bail and the first defendant is out on bail already.
“Your honour, our family is still hurt because of what had happened, therefore I believe for the safety of the second defendant he should be remain in custody.
“This is just for his safety and I believe he is safe in there rather than being out.”
Chief Justice Patu accepted the plea from the deceased father and reversed his decision to quashed and told Suapaina to be remanded in custody until next week Monday.
“I see that the incident occurred on the 1st of December and it’s before the court on the 17th of the same month, so wound is still fresh and the family is still hurting,” Chief Justice told Suapaina.
“I believe for your own safety you should remain in custody, because if bail is granted and something happens to you, then it will fall on the court, therefore stay there for your own safety.”
He also ordered the prison officers to allow give Suapaina a phone and list of all the lawyers so he can liaise with them to represent him.
Furthermore, Chief Justice Patu told Suapaina that he can request to be bail next week when the matter is called again.
The court was packed with families and supporters of both defendants as well as the deceased.