Samoa’s Justice Minister Faaolesa Katopau Ainuu may have to make a personal appearance in the local District Court before his motion to quash a 2008 arrest warrant in his name can be granted.
Yesterday District Court Judge Elvis Patea heard the motion which was filed last month by Faaolesa’s attorney Marcellus Tala Uiagalelei,
The motion was based on four grounds, including a challenge of probable case, delay in the execution of the warrant, that the complainant in the matter has died and that his widow does not want to pursue the matter.
The 2008 warrant stems from allegations of embezzlement, criminal fraud and felony stealing against Ainuu when he failed to appear in court to represent a client, who had paid him $5,000.
The warrant was signed by former District Court Judge John Ward but was never executed since it was issued in 2008.
Ainuu, a lawyer who also practiced in American Samoa, had made several trips to the territory since the warrant was issued but he says he was never served.
Attorney General Talauega Eleasalo Ale said in a statement issued in April, the Office of the Attorney General has no role in the execution of the warrant.
Further, because the warrant is a court order, only the court has the authority to resolve or extinguish it, not the Attorney General.”
He noted that the warrant is almost 8 years old, and said that it appears Ainuu may have resolved the underlying issues, which resulted in the filing of the criminal complaint.
AG Talauega said to the extent that Ainuu has done this and provides proof, “we would not object to a motion to quash or resolve the warrant.”
In court yesterday Judge Patea said the 2008 is not stale,,,it is still valid.
He referred to a previous case in which the court granted a motion to quash on similar grounds as the case before him but he said in that case the defendant was in court.
He duly noted Ainuu was not in the court room but was represented via special appearance of his counsel.
Judge Patea said the government has said it has no interest in prosecuting the matter and that may be the solution for this case.
Defense counsel Uiagalelei said while the government is saying this, without the court moving to quash the warrant it will still exist, and there may be consequences in the future.
Uiagalelei said Ainuu may be arrested tomorrow or 20 years from now if the warrant isn’t quashed.
He said if it pleases the court, he would consult with his client about what he wants to do to resolve the outstanding warrant and maybe in a week or two Ainuu would appear before the court ,.
Judge Patea has set a status hearing for June 28 and cited appropriate statutes for the defense and government to review.
The government was represented by Assistant Attorney General Bigelow.
