Samoa’s Minister of Justice Fa’aoleosa Katopau Ainu’u maintains that he was never served a 2008 arrest warrant that was the subject of a recent Samoa News story.
Fa’aoleosa, who graduated from the University of Hawaii Law School and practiced law in the territory, including a stint as an attorney for the Development Bank of American Samoa said a fundamental basis of any judicial system is that the accused is served.
In his case he claims he was never served despite coming to the territory many times since 2008.
KHJ News had asked Attorney General Talauega Eleasalo Ale for comments as to why the attorney, who’s now Minister of Justice for Samoa was never served.
Talauega explained in an email yesterday an arrest warrant was issued by the District Court of American Samoa on August 5, 2008 for Ainuu’s arrest.
The warrant is directed to the Commissioner of Public Safety or any police officer .
The AG noted that the Office of the Attorney General has no role in the execution of the arrest warrant.
His office has confirmed with the District Court that the warrant has not been extinguished, so it’s still valid.
According to Faaolesa when he was made aware of the newspaper report of a warrant in his name, he was in disbelief because he had never been made aware of it.
When KHJ News reached him by phone, the minister was attending an orientation for new members of the cabinet.
He said if he felt a statement was warranted he would issue one. That was our last conversation with Fa’aolesa.
Attorney General Talauega explained that because the warrant is a court order, only the court has the authority to resolve or extinguish it, not the AG.
He noted that the warrant is almost 8-years-old and although the AG’s Office has not received confirmation, it appears that
Faaolesa may have resolved the underlying issues which resulted in the filing of the criminal complaint.
The AG said to the extent that Faaolesa has done this and provides proof of same, the government would not object to a motion to quash or resolve the warrant.
