Judge to rule on fate of accused politicians

By ALISON HORWOOD in Apia

APIA - A unique and rarely used section of Samoan law will give a Supreme Court judge the final say today on whether two former cabinet ministers are to be convicted of murder.

After deliberating for less than three hours, a panel of five assessors yesterday found former Women's Affairs Minister Leafa Vitale, aged 54, and former Telecommunications Minister Toi Aukuso Cain, 68, guilty of murder.

They have been on trial in the Supreme Court of Samoa in Apia since mid-January for plotting the assassination of the Auckland University-educated Public Works Minister, Luagalau Levaula Kamu.

Leafa's son, Alatise Vitale, 34, is serving a life sentence after confessing that he was the gunman who felled Luagalau at a political function in Apia last July 16.

At 10 am yesterday, the foreman of the panel delivered the verdict to a hushed courtroom guarded by more than 20 police officers carrying metal detectors.

Little response came from the half-filled public gallery, except for Toi's wife, Pauline, who clasped her hands, bowed her head and prayed. Outside the court, she said the Lord was her judge and she still hoped her husband would walk free.

After hearing the verdict, Toi slumped back into his seat, but Leafa did not appear to react.

The panel foreman told the court that four of the five assessors had agreed on a guilty verdict for each of the accused.

Under Samoa's constitution, the panel decision must be unanimous or by a majority of four out of the five assessors.

After the verdicts were given, presiding judge Justice Andrew Wilson, who was flanked by two bodyguards, said he would exercise a right he has under section 100 of the Criminal Procedure Act 1972.

This gives a judge the power to re-examine a decision reached by four out of five assessors. The judge has the power to overturn a guilty verdict.

"The accused, Leafa Vitale and Toi Aukuso Cain, have each been found guilty of murder by the majority of assessors pursuant to the Criminal Procedure Act 1972," said Justice Wilson.

"Under section 100 of the Criminal Procedure Act, which is unique in the South Pacific, it remains to me as the presiding judge whether I am of the opinion that either or both of the two accused should, notwithstanding that majority, not be convicted and - if I am of such an opinion - should be acquitted of the offence."

Justice Wilson, an Australian Supreme Court judge on short-term contract in Samoa, said he would take his time to decide whether the accused should be convicted or acquitted.

He adjourned the court until 10.30 am today, when he will hear submissions from defence and prosecution lawyers. He said he would give a decision about 1.30 pm.

Outside the court, principal state solicitor George Latu, who prosecuted the case with Auckland crown prosecutor Kieran Raftery, said the guilty verdicts were a partial victory.

It was the first time in his six years of working in Samoan courts that he had seen a judge exercise his right to re-examine the decision of the assessors.

Conviction for murder carries the death penalty in Samoa, but no one has been executed since the country gained independence in 1962.

The decision on whether to commute a death sentence to life imprisonment is made by the Head of State, Malietoa Tanumafili II.