The bail hearing of James Tuisavailuu Atua, owner of Unalei Rental Cars, and Fred Oliva Junior Papalii, was held before Justice Leutele Mata Tuatagaloa in the Supreme Court of Samoa this week.
The pair are each facing 30 charges of money laundering, relating to alleged drug cartel activities and the murder of Australia-based Samoan and Coconut Cartel leader, Lorenzo Lemalu.
The money laundering charges followed a warning notice issued by the Central Bank of Samoa freezing the defendants’ bank accounts and assets.
Two young men, Steve Tafia 23, and Vaa Joseph Vaa 27, had both worked for Unalei Rental Cars in Apia. They remain in police custody in Vietnam, each facing possible death penalties after confessing to the murder.
Justice Leutele Mata Tuatagaloa heard the bail applications for Papalii and Atua, and adjourned the matter until 12:30pm on Monday to allow Prosecution time to respond to new affidavits filed by the Defence relating to Atua’s medical condition and the circumstances surrounding his attempted departure from Samoa.
Defence Counsel Faimalomatumua Mathew Lemisio for James Atua, told the Court there was “no just cause” for his client to remain behind bars after spending nearly eight weeks in custody.
“There is no evidence before this Court that he will not appear.”
Defence challenged the Prosecution’s claims that Atua posed a flight risk, pointing out that his New Zealand passport had already been surrendered to Police, making it impossible for him to leave the country without the Court’s permission.
Lemisio submitted that concerns about witness interference were also unfounded, saying the case was largely based on banking records and other documentary evidence.
“It is really hard for any accused person to interfere with this kind of evidence.”
He argued “the concerns raised by the Prosecution can be remedied by strict bail conditions” – regular reporting to police, surrendering travel documents, living at an approved address, avoiding contact with witnesses and complying with any other conditions imposed by the Court.”
A significant issue raised during the hearing was Atua’s health. According to Defence he suffers from sleep apnea diagnosed in 2024.
He has not been able to use his CPAP machine (Continuous Positive Airway Pressure) while in custody because of prison safety policies, said Faimalomatumua.
Prosecution said this was the first they had heard about this condition, and submitted it could be possible to make arrangements with Tanumalala prison.
Prosecution suggested Atua’s sleep apnea could be managed while he remained in custody.
“We feel that an order could be made for the defendant to use the CPAP machine in prison.”
Defence also disputed the Prosecution’s claim that Atua was attempting to flee Samoa when he was stopped at the airport.
An affidavit was filed from his partner stating the trip to New Zealand had been arranged weeks earlier for a medical appointment.
Throughout the hearing, Justice Tuatagaloa questioned the Prosecution about the evidence supporting its opposition to bail.
“My concern is that the risks you are identifying are not real..”
The judge also reminded Prosecution that the Court must focus on the charges currently before it.
“The charges before the Court are the ones they have entered pleas to.”
Justice Tuatagaloa noted that releasing the defendants on bail would not prevent Police from continuing their investigations.
“Allowing them out on bail on strict conditions doesn’t mean that the Police will stop the investigation..”
Fuimaono Sefo Ainu’u for Papalii, questioned the Prosecution’s claim his client had attempted to interfere with witnesses.
“Do you have proof that he attempted to contact any witnesses?” Justice Leutele asked.
The prosecutor replied, “No, Your Honor.”
Justice Tuatagaloa continued questioning.
“Do you have any proof of every other risk that you have identified in regards to the second defendant?”
The Prosecution maintained that the police investigation was still ongoing but accepted that most of the witnesses were likely to be police officers, government officials and financial investigators.
Before adjourning the hearing, Justice Tuatagaloa directed Prosecution to clarify two outstanding matters – whether police had been informed of Atua’s sleep apnea, and secondly, the circumstances surrounding his attempted departure from Samoa – just days after the two boys were arrested in Vietnam.
The judge also instructed Prosecutors to reconsider their position on the second defendant’s bail application over the weekend.
“Think about that over the weekend.”
Both defendants remain in custody.
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