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IN THE SUPREME COURT
OF SAMOA
MR JUSTICE WILSON
AND A PANEL OF FIVE ASSESSORS
POLICE
and
LEAFA VITALE
of MALIE and VAOVAI FALEALILI
and
TOI AUKUSO CAIN
of VAIMOSO and TUANAIMATO
11.42 AM, THURSDAY, 13 APRIL 2000
APIA
RESUMED (IN PUBLIC) [2.08pm]
HIS HONOUR: The trial with assessors of two accused persons, Leafa Vitale and Toi Aukuso Cain, concluded yesterday with each of those two accused being found guilty, by majority verdicts of the assessors, of murder. Implicit in those verdicts, as announced yesterday (and in the circumstances of the procedure that was followed in accordance with the law), is that the assessors made determinations (or decisions) - and they are taken to have been satisfied beyond reasonable doubt - that each accused should be convicted of that crime. Those determinations were each concurred in by not less than four of the five assessors.
I have since given consideration, pursuant to the responsibility that is mine under section 100 of the Criminal Procedure Act (of Samoa) 1972, to the question of whether I, as the Presiding Judge, am of the opinion that either or both of the accused should, notwithstanding those determinations of a majority of the assessors, not be convicted.
I am not of that opinion in either case. In other words, I too concur in the conviction of each of these two accused. Each of them now stands convicted of murder.
The law requires (section 66 of the Crimes Ordinance) that, upon the conviction of any person for murder, he shall be sentenced to death. That is a mandatory sentence. There is no discretion that rests with me the Presiding Judge.
LEAFA VITALE (please stand up). Leafa Vitale, you have been convicted of the crime of murder. In pursuance of section 120 of the Criminal Procedure Act, the sentence of the Court is that you shall suffer death in the manner prescribed by law. You may now be seated.
TOI AUKUSO CAIN (please stand up). You have been convicted of the crime of murder. In pursuance of section 120 of the Criminal Procedure Act, the sentence of the Court is that you shall suffer death in the manner prescribed by law. You may now be seated.
Before this trial is finally concluded and the Court adjourns, there are one or two further things that I wish to say. Gentlemen assessors, you were referred to by me on one or more occasions during this trial as "men of Samoa". To you, I say that you are truly "men of Samoa". You are men of whom Samoa, your country, can truly be proud for having done your duty. On behalf of the Supreme Court and, in a real sense, on behalf of the whole community, I say thank you for an unenviable task well done. Whether right or wrong, you were all, including the one of you in each instance who was not in agreement with the guilty verdict, true to your oaths, and you did your duty to the best of your ability. You will shortly be released from your duties as assessors in this trial.
Whilst expressing thanks, I wish to acknowledge the considerable assistance I received from the lawyers engaged in this trial. They each, at differing stages of the trial, rose to the occasion and on some occasions to a level of brilliance that I have rarely, in a 27-year judicial career, had the good fortune to observe. There were a handful of unfortunate or regrettable moments, but they, I trust, will soon be forgotten.
It is not for me to comment here and at this time about the quality of the police investigation or the work of the prosecuting authorities as a whole. It is not for me to comment here and at this time about the quality of what was done for and on behalf of the two accused.
What I can do here and now is thank all the Court staff, the transcription staff, the staff of the Justice Department, and all the Courts Officers. I especially thank my Registrar/Interpreter/Translator/Samoan Cultural Mentor (fautua i'aganuu faasamoa) Masinalupe Tusipa and, before him, Neil Soonalole, who each in their own way and at different stages of this long trial, did a simply magnificent job. The people I have called "Courts Officers" really include a wide range of people - many police officers, many security personnel, and others, including the caretaker of this hall, Utu, who have all played their part in conducting a unique criminal trial in a unique venue, the Congregational Christian Church Youth Hall here at Mulinuu.
Let the two condemned men be taken.
I formally publish some reasons, and some rulings, and, Mr Registrar, would you please adjourn the Court.
ADJOURNED INDEFINITELY [2.24pm]
