Police v Sika [2009] WSSC 68 (26 June 2009)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

THE POLICE
Informant

AND:

FUAMAI SIKA,
male of Siumu.
Accused

Counsels: Ms Chang & Ms Liuga for the prosecution
Defendant unrepresented

Hearing: 26 June 2009
Decision: 26 June 2009

DECISION OF NELSON J.

On the defendants not guilty plea to the charges his case was adjourned till today for hearing of the evidence. Prosecution are ready to proceed and have five witnesses listed. I am told by the prosecutor that this is not the first hearing date given to this case. The court file shows that the accused applied for legal aid and nominated Mr Ameperosa Roma as his counsel.

In the normal course of events this sort of application would be granted because of the seriousness of the charges subject to the accused satisfying the Ministry of Justice that he has no means to pay for a lawyer and his lawyer accepting instructions.. It seems from the accused's application that he satisfies the means test but because he nominated a lawyer of his choosing the Ministry has declined his legal aid application. That was a wrong decision.

Article 9(4)(c) of the Constitution is clear. The accused is entitled to defend himself in person or through legal assistance of his own choosing and if he has insufficient means to pay for it then to be given counsel free when the interest of justice so require.

Given the seriousness of the charges and the sentence of imprisonment that they normally attract I am satisfied the interests of justice require this accused be given legal aid. The fact that he nominated in his application a counsel of his own choosing is not a reason for declining such aid.

The registrar's decision is quashed. The accused's legal application is granted and Mr Roma subject to his accepting instructions is assigned to this case.

The accused will be remanded on the same bail conditions to the mention list of 6 July 2009 to set a special fixture for hearing.

JUSTICE NELSON