One of three men charged with conspiring to murder former Prime Minister of Samoa, Tuilaepa Sailele Malielegaoi, is disputing the authenticity of the certification of his arrest warrant.
Samoa Observer reports that Talalelei Pauga, who is currently in Police custody in Australia awaiting extradition, had his application heard by Justice Lesatele Rapi Va’ai, in the Supreme Court last Thursday.
Lawyer Tufuga Fagaloa Tufuga acting for Pauga, told the Court that his client is claiming the arrest warrant was not properly issued as it was signed by a court registrar and not by a Judge of the Court.
Two affidavits supporting the application by Pauga have been given by a former Chief Executive Officer of the Ministry of Justice and Courts Administration, Papalii John Taimalelagi, and a former deputy registrar, Veatauia Faatasi Puleiata.
The court was told that Pauga has a pending hearing in Australia on the extradition order which is scheduled for June of this year.
This prompted Justice Va’ai to suggest the application from the defence is an abuse of process that interferes with developments in Australia.
He put it to counsel that they are seeking orders to void the warrant of arrest and if they are void then the proceedings in Australia should be stopped.
“That is the effect of this application that interferes with the Court in Australia,” said Justice Va’ai.
The Attorney General’s Office is opposing the application noting the defendant’s application has no merit and grounds.
Lupematasila iliganoa Atoa, representing the Attorney General, said the former deputy registrar was satisfied there was reasonable cause when he signed the arrest warrant and that information went into the court system.
She also informed the court of the current status of Pauga’s extradition case in and that he has a preliminary hearing on June 21st.
Justice Vaai told the lawyers he will inform them when his decision is ready.
