Faamanu v Police [2009] WSCA 1 (28 April 2009)

IN THE COURT OF APPEAL OF SAMOA
HELD AT APIA

BETWEEN:

LUPEMATASILA FAAMANU & OTHERS
Appellants

AND:

POLICE
Respondent

Coram: Honourable Justice Baragwanath
Honourable Justice Fisher
Honourable Justice Hansen

Hearing: 28 April 2009

Counsel: T Malifa for appellants
P Chang and K Koria for respondent

RULING OF THE COURT

1. In this case the Chief Justice during the course of the trial raised an issue as to the admissibility of alleged admissions. Mr Malifa thereon objected to the admissibility of the evidence. That objection was dismissed by the Chief Justice and the present interlocutory appeal against his ruling was filed. The case continued and on 31 March 2009 the Chief Justice gave judgment convicting the first appellant on various charges.

2. The second appellant was acquitted. It follows, as Mr Malifa has submitted, that his appeal may be treated as abandoned because there is no purpose in pursuing it.

3. On its face this appeal raises an issue whether, in terms of the Constitution and legislation of Samoa, an appeal lies in relation to rulings made during the course of a trial, as distinct from those made pre-trial and determinations made at the end of a case.

4. But Mr Malifa has signalled that he wishes to withdraw the current interlocutory appeal and intimated that following sentence, which is to take place tomorrow morning, he is instructed to file a substantive appeal which may be expected to receive a fixture in September.

5. In these circumstances it is unnecessary for us to invite the further argument which would be required to enable us to give judgment on the issue whether jurisdictionally this interlocutory appeal could have been entertained by this Court. We make no comments on that aspect.

6. Leave to withdraw the appeal is granted and the appeal is accordingly dismissed.

JUSTICE BARAGWANATH
JUSTICE FISHER
JUSTICE HANSEN