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Mamea v Police [2023] WSCA 8 (18 July 2023)

IN THE COURT OF APPEAL OF SAMOA
Mamea v Police [2023] WSCA 8 (18 July 2023)

CA 04/23

IN THE COURT OF APPEAL OF SAMOA
HELD AT MULINUU

IN THE MATTER OF:

of an appeal pursuant to sections 121, 122, and 123 of the Criminal Procedure Act 2016

BETWEEN:

IOELU MAMEA, of Tanumalala Prison, Tanumalala, inmate

Appellant

A N D:

P O L I C E

Respondent

Coram: Honourable Justice Harrison
Honourable Justice Asher
Honourable Justice Roma

Counsel: J. Fuimaono-Sapolu & I. Sapolu for the Appellant
T. Sasagi & E. Tiitii for the Respondent

Hearing: 12 July 2023
Oral Ruling: 12 July 2023
Reasons: 18 July 2023

JUDGMENT OF THE COURT

1. Ioelu Mamea appeals against a judgment of Tuala-Warren J given on 17 March 2023 dismissing his application for bail on various counts including that of murder with manslaughter in the alternative.
2. As Ms. Fuimaono-Sapolu for Mr. Mamea has pointed out today, there has been a change in circumstances since judgment was given.
3. The Prosecution has agreed to amend the charges by withdrawing the count of murder so that only the count of manslaughter remains along with associated counts of being armed with a dangerous weapon and of throwing a stone. Ms. Fuimaono-Sapolu advises that Mr. Mamea will enter a plea of not guilty to the alternative charge of manslaughter.
4. The trial is set down to proceed in the Supreme Court on 04 September 2023. While all issues of trial management are for the Supreme Court, we wish to emphasise that the trial date should not be adjourned other than in exceptional circumstances.
5. This morning Ms. Fuimaono-Sapolu has emphasised the importance of the change in circumstances with the Prosecution agreeing to withdraw the charge of murder. She submits that if he is convicted after trial on the charge of manslaughter, there is a prospect that Mr Mamea will serve a sentence which will be less than the time already served in custody. That is a significant factor in our assessment. It would be most regrettable if Mr. Mamea served time on remand which exceeded the term of imprisonment imposed if he is convicted.
6. We accept that the case was finally balanced when the application was heard before Tuala-Warren J. The scales have been tipped in favour of Mr. Mamea by the Prosecution’s responsible withdrawal of the charge of murder. While Ms. Sasagi maintains the police opposition to bail, we are satisfied that her position can be mitigated or met by imposing strict bail conditions.
7. In the circumstances we allow his appeal and order that Mr Mamea be released on bail on these strict conditions:
   • (i) He is to reside at Aleisa with his sister Liua Mamea Godinet;
   • (ii) He is to report twice a week at the Police Station at Tuanaimato on Tuesdays and Fridays;
   • (iii) He is not to possess any phone or other electronic device including a laptop or iPad and he is not to have access directly or indirectly to any forms of social media and including, for the avoidance of doubt, using anybody else’s electronic devices;
   • (iv) He is to have no contact whatsoever, direct or indirect, with any Prosecution witnesses;
   • (v) He is to surrender to the police any travel documents even if they are damaged or compromised; and
   • (vi) For the avoidance of doubt and while we understand it will cause hardship to Mr. Mamea and his family, he is to have no contact whatsoever, direct or indirect, with his children.
8. We acknowledge counsel’s advice that no ifoga has been carried out. We repeat the importance of addressing this issue urgently even though Mr. Mamea is subject to strict bail conditions.
9. We express our appreciation for the realism and cooperation shown by counsel for both parties today.
   

HONOURABLE JUSTICE HARRISON
HONOURABLE JUSTICE ASHER
HONOURABLE JUSTICE ROMA