Police v Aloese [2025] WSSC 14 (24 March 2025)

IN THE SUPREME COURT OF SAMOA
Police v Aloese [2025] WSSC 14 (24 March 2025)

Case name:	Police v Aloese
Citation:	[2025] WSSC 14
Decision date:	24 March 2025
Parties:	POLICE (Informant) v TREVOR PITOITUA ALOESE, male of Leone (Accused)
Hearing date(s):	24th March 2025
File number(s):
Jurisdiction:	Supreme Court – CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Leiataualesa Daryl Clarke
On appeal from:
Order:	Leave is granted for Ms Leavai to withdraw as counsel. Accordingly, you will return to prison this afternoon Trevor and reappear tomorrow for your trial. Immediately I expect prosecution and defence counsel to ensure that Trevor has all documents and ready for trial tomorrow.
Representation:	L Faasii for Prosecution T Leavai for the Accused
Catchwords:	Application to withdraw as counsel
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

P O L I C E

Informant

A N D:

TREVOR PITOITUA ALOESE, male of Leonē.

Accused

Representation: L Faasii for Prosecution

T Leavai for the Accused

Application Hearing: 24^th March 2025
Ruling: 24^th March 2025

RULING ON APPLICATION TO WITHDRAW AS COUNSEL

1. The defendant has indicated that he wishes to represent himself. He also indicates that he is ready to proceed for trial tomorrow. Counsel for Mr Aloese has also filed an application to withdraw as counsel. I was minded to decline the application to withdraw as counsel because in my view it is not a proper basis by a wish to seek leave to withdraw. Simply because a lawyer disagrees with the stance taken by a defendant in terms of a merit or otherwise of their case is not a proper ground to withdraw as counsel. Counsel’s first duty is as an officer of the Court is owe to the court. And filing an application to withdraw as counsel on the date of the hearing is completely unsatisfactory. It is only a proper basis for counsel to withdraw is if a client inclined to put before the court evidence which counsel knows is false. Absent of that, leave to withdraw as counsel would ordinarily be declined.
2. However, the defendant no longer wishes to engage Ms Leavai, accordingly, leave is granted for Ms Leavai to withdraw as counsel. Accordingly, you will return to prison this afternoon Trevor and reappear tomorrow for your trial. Immediately I expect prosecution and defence counsel to ensure that Trevor has all documents and ready for trial tomorrow.

JUSTICE CLARKE