FILE PHOTO : Defence counsel Mathew Lemisio inside the legal environment he is familiar with inside the court room
Staff Reporter
District Court Judge, Her Honour Alalatoa Rosella Papalii ruled to disregard the evidence of Vui Sione Masinamua for unreliability.
Her Honour’s decision came after the witness, who gave evidence through video link “disappeared” from the screen, and didn’t return until minutes later.
Masinamua was giving evidence against Tuifa’asisina Perkin Feagia’i Headle, a mother from the United States of America with familial ties in Faaala Palauli.
This came while Masinamua was being cross examined by defense counsel, Mr. Mathew Lemisio.
Masinamua said in his evidence that he only speaks fact and everything in his written statements were true.
The witness made two written statements to Police. One in September 2022 and another one, in March 2023.
Mr Lemisio then pointed out to Masinamua that in his two separate statements, he had recorded different scenarios relating to a Facebook messege that he alleged the person by the name of Salote Syrah Tautai sent him and revealing to him that she was Mrs Headle.
In one of his statements, Masinamua said he then called Salote after he received the message while in the other statement he said he texted back to her through Facebook messenger.
Mr Lemisio then asked Masinamua, why he didn’t give this communication between him and Salote to the Police to assist them with their investigations.
First the witness said that it was because the communication between him and Salote on Facebook messenger took place a while ago.
Then he went on to say that he could not access these communications because they’re held in an archive in Australia.
Mr Lemisio then reminded Masinamua that messages on Facebook Messenger can be accessed from anywhere as long as the devise is connected to data.
The witness said that he uses a different sim card when he is Samoa and a different one when he is abroad.
Mr Lemisio again interjected and reminded Masinamua that Facebook messeges can be accessed from anywhere in the world given the fact that Facebook social platform is available on the world wide web.
Masinamua insisted that his communications with Salote were in an archive in Australia.
Mr Lemisio was not done just yet.
He put it to Masinamua that the only reason why he didn’t give this information to the Police was because there was never any communication to begin with.
Mr Lemisio told Masinamua that he was now the second witness for the prosecution who had testified to having communications with this person Salote via Facebook messenger where she or he allegedly revealed their identity as Mrs Headle yet they did not produce this key piece of evidence to the Court to support their allegations that Mrs Headle was in fact Salote Syrah Tautai.
The witness then changed his story again and said that he has them in his phone.
When asked at this point as to why then he didn’t give it to Police, he was seen reaching over to the devise that he was using to connect with the Court’s video link, then the small screen that his image appeared on went blank with just his name showing.
A few seconds later, that small screen completely disappeared from the big screen that was used to beam his evidence.
Her Honour was concerned at the events that transpired and so was the defense counsel.
Mr Lemisio told the Court that what just took place was a real concern to the justice. He said the prosecution and its witnesses knew exactly when this matter was set down for hearing. Yet some witnesses decided to leave the country or not show up.
While doing so, he’s client, who is innocent until proven guilty by the Court of law, made the ultimate sacrifice of staying behind to clear her name.
Mrs Headle had been stuck in Samoa for eight months because of these charges. Mr Lemisio also pointed out that this was not the first time that this complainant, the FAST political party had witnesses failing to turn up to Court to give evidence despite knowledge of the Court proceedings.
Following a recess, Her Honour then ruled that she would not consider Masinamua’s evidence as it was too unreliable.
Not only that he left the proceedings without any notice, it was also revealed that he was giving his evidence from the comfort of his home in New Zealand unsupervised.
In the meantime, on Thursday this week, the Secretary of the FAST political party, Vaaaoao Salu Alofipo took the stand to testify against Mrs Headle.
He testified that he had Facebook conversations with Salote via messenger where it was revealed to him by this person Salote that she was Mrs Headle.
When pressed whether a copy of this conversation was provided to Police, Vaaoao said no.
Vaaoao was also given copies of the contents from the Salote page where the Police charges arise.
He was asked by the defense counsel how he knew that these contents were intentionally initiated by Salote to intimidate, harass or caused substantial distress to Honourable Fiame Naomi Mataafa, Honourable Laauli Leuatea Schmidt, Leatinuu Wayne Fong, Li’o Masipa’u and Fepulea’i Fa’asavalu Su’a given that none of these people were going to give evidence in Court for this matter.
Vaaaoao said he was giving evidence on their behalf.
Matter is now adjourned to 3rd April 2023 for one more witness for the prosecution before counsels close their cases.