Bail System Failure Denied In Double Death

Written by Astrid Sesega
Thursday, 20 December 2007
Chief Executive Officer of the Ministry of Courts, Justice and Administration Masinalupe Tusipa There is nothing the courts could have done to prevent the murder of Ms.Matuao Vala Sami and her husband, Siavaimoa Vaimoia Tulaga Lafaimalaga, commiting suicide says Chief Executive Officer of the Ministry of Courts, Justice and Administration, Masinalupe Tusipa. Saivaimoa has the constitutional right to apply for bail, Masinalupe explained. Saivaimoa murdered his wife, Matuao, before committing suicide shortly after being granted bail in the Supreme Court on the 11th of December. Both counsels had the opportunity to speak out and give evidence as to why they believed Saivaimoa should or should not be granted bail. Masinalupe believes there was no error of the court and says both parties need to give all the information they have in order for the judge to make the right decision. He says he is not defending the decision but stated this ‘unfortunate’ incident as something that the judge “could not have foreseen”. Masinalupe felt that the court system did not fail with this case and there is no real need for a review of the bail system. All it is, is a “matter of all parties giving the court all the right information”. In this particular case the prosecution strongly opposed the approval of bail. However, Masinalupe stated the court makes the decision on bail but the councils should assist the court in any way they can. “It is their duty to assist the court,” he explained, “and that is what the judge makes the decision on.” Although he said he is not trying to defend the courts he does believe it is everybody’s responsibility. He also noted that “we should not be complacent” about this incident and this is “something that needs to be looked at.” This is the first time that someone who is on bail has gone out and murdered another person. Saivaimoa was granted bail on very strict conditions but did not abide to them resulting in the murder of Mauao. His bail conditions were for him to live in Poutasi, not make any attempts to see his wife or the daughters involved and to surrender all travel documents. On the 8th of November this year, Saivaimoa was arrested and charged with two counts of rape, two counts of indecent assault and one count of assault and was remanded in custody until the 19th of November where he appeared before the court. On that day the court adjourned the matter until the 21st of January of 2008 so the police could complete the case and file further charges. On the 10th of December he submitted an application for bail which was heard in court the following day and granted. Enjoy the Xmas carol Wonderland by Heidi Klum Comments (0) Subscribe to this comment's feed Write comment Name Email Title Comment
Last Updated ( Friday, 21 December 2007 )

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