Based on a new motion by the government, District Court Judge Elvis Patea today dismissed the criminal case against Faaolesa Katopau Ainuu, now Samoa’s Justice Minister.
The government’s written motion for dismissal cited three reasons: the victim in the case against Ainuu had passed away, the named victim’s spouse had filed an affidavit that she did not wish to pursue prosecution and dismissal was in the interest of justice.
In court this morning, Assistant Attorney General Jedidiah Bigelow verbally informed the judge that given the absence of both the victim and his spouse, he did not believe the government would be able to prove probable cause in this case.
Ainuu was charged in 2008 with embezzlement, criminal fraud and felony stealing after he failed to appear in court to represent a client who had paid him $5,000.
Ainuu has said that the case was referred to another attorney before he moved to Samoa.
A warrant was issued for his arrest which was never served even though Ainuu, an attorney, who previously worked for the Development Bank of American Samoa and who had operated a private practice here, was a frequent traveler to the territory.
Judge Patea said given the reasons cited by the government including that it will not be able to establish probable cause, the court hereby grants the motion to dismiss,
As for the motion by Ainuu’s attorney Marcellus Tala Uiagalelei to quash the 2008 arrest warrant for his client, the judge said that issue is now moot.
