Family members of both Sa’u Justina Sa’u and the accused Kolani Junior Lam crowded the court room this morning to hear the bail application.
However, both counsels were called in the Judge’s chambers before the proceedings began.
When the matter proceeded, His Honour, Chief Justice Patu Tiavasu’e Falefatu Sapolu informed the courtroom that he had received five new affidavits from defense counsel this morning.
“I met with counsel in chambers and counsel for the prosecution would like time to go through these new affidavits from the defense before the hearing proceeds,” said Chief Justice Patu.
“I would also like to peruse the affidavits before we proceed with this matter.
“So the court will adjourn for fifteen minutes to give time to the prosecution and to the court to peruse the five new affidavits from the defense.”
After the break, prosecution told the court that she had perused the five new affidavits by defense; however she is ready to proceed.
This made Chief Justice quickly questioned prosecution on what grounds is she proceeding in.
“I have already perused the affidavits and I am ready to proceed with the hearing of this matter,” she said.
“I am ready to respond to the application made by my learned friend verbally.
“I have perused the additional affidavits and there is no need for us to file additional affidavits in response so I am ready to proceed.”
In response Chief Justice Patu told the prosecution that she cannot read evidence from the bar to respond to factual allegations in the affidavits by the defense.
“Affidavits by the defense are in direct conflict with the affidavits by the prosecution in a number of material aspects,” Chief Justice told the prosecution.
“And you counsel for the prosecution you cannot resolve those conflicts by giving evidence from the bar.
“The only way to resolve the conflicts between the two sets of affidavits are for oral evidence to be called that’s only way and prosecution should know.”
He then asked both counsels if they are ready to call their oral evidence which the prosecution told the court that all her witnesses are there however for defense counsel he was not sure if all his five witnesses who provided their affidavits were there.
Chief Justice then ordered defense counsel to see if his witnesses were present while the court takes a recess.
After the short recess the matter was back in court but this time Chief Justice Patu said the matter is adjourn to the next day.
“After meeting with counsels in chambers I have decided to further adjourn this matter to 10am tomorrow morning for prosecution to file and serve supplementary submissions to address the issues raised in the new affidavits file for defense this morning,” said Patu.
“Secondly, prosecution should also prepare as requested a supplementary affidavit by Meaalii Tafa for consideration by the court tomorrow morning whether it should be accepted or not.”
The Samoa Global asked one of the family members of the late Sa’u Justina Sa’u if the family of the accused had done a traditional apology (ifoga) she said no.
Prosecution was Leone Su’a – Mailo while defense counsel was Leiataualesa Komisi Koria.