Police v Ah Sui - Ruling 1 [1999] WSSC 38 (16 September 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

POLICE
Informant

AND

TIAPUA IOAKIMO AH SUI, VALA TULI @ MIKAELE TULI,
FEILOAIMAUSO UTUELI GALI,
KONELIO SUIA @ KONELIO ASOMAU SELI,
all from Vailele
Defendants

Counsel: Ms M. Tuatagaloa & Ms S. Hazelman for the Prosecution
Ms K. Sapolu for Defendant - Tiapua Ioakimo Ah Sui
Mr V.C. Nelson for Defendant - Konelio Suia @ Konelio Asomau

Hearing Dates: 8, 9, 10, 11, 14, 15 & 16 September 1999
Date: 16 September 1999

RULING NO.1
IN RELATION TO A QUESTION OF EVIDENCE BY WILSON J.

I now announce my reasons for an earlier ruling.

The accused Ioakimo was interviewed by the police at a time when he was suffering from injuries for which had not, at that time, received medical treatment. He was, as per the evidence on the voir dire given by Constable Kid Roache, under de facto arrest, and he had not, at the earliest stage after that arrest, been cautioned. Having regard to the recent conduct of Senior Sergeant Muliaga Tiumalu in having, in effect, withheld from the Attorney General and therefore from the Defence the evidence of the finding of a pistol at the scene of the crime, such evidence being relevant to the trial and important to the Defence, and furthermore in having withheld, in a similar fashion, the fact and substance of an exculpatory statement made to the police by the accused Ioakimo, I have no confidence in the assertion made by the Prosecution that the caution statement was made voluntarily and that no unfairness occurred.

In my judgment the Prosecution did not discharge the onus which rested with it. For all these reasons in combination, I excluded the caution statement and did so in the exercise of my discretion.

JUSTICE WILSON