Miscarriage of justice, error of law in determining the facts of the case and guilty verdict of the six joint charges cannot be supported by the evidence were the grounds of the appeal filed on behalf of Assistant Electoral Commissioner, Afualo Darryl Mapu.
Afualo is also seeking the court to “stay the sentencing until the determination” of the appeal. The appeal was filed in the Supreme Court last week, by his lawyer Tofilau Leone Su’a-Mailo.
Last month, Supreme Court Justice Tafaoimalo Leilani Tuala-Warren found Afualo was found guilty of possession of narcotics, utensils, firearms and ammunition.
His co-defendant Marie Fanueli was acquitted.
The defendant will be sentenced on 14 October 2022 at 12.30 pm.
According to the appeal application, the judgement of the court should be set aside on the ground of “wrong decision on the question of the law.”
And that “her honours had erred in law in finding that there was evidence to prove the element of knowledge and intention.”
Tofilau in her application questioned the Judges’ assessment of the facts relating to the chain of custody, among other legal issues cited in the application.
