Defamation charge against Tiumalumatua Maifea Fetu dismissed

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District Court Judge Leota Raymond Schuster has dismissed the defamation charge against Tiumalumatua Maifea Fetu, an Australian Broadcaster. 

This is in connection with a complaint lodged by Fa’atuatua i le Atua Samoa ua Tasi over alleged “derogatory” claims against how the FAST Administration took office.

On Friday, Judge Schuster dismissed the case citing the lack of evidence by the Police to proceed with this matter further. 

Last month Defence filed a motion to quash the information against the defendant citing that under the Crimes Act 2015 on the jurisdiction, section 4, which outlines that the Samoan Court has no jurisdiction to hear or try anyone on an offence that was committed outside of Samoa.

Judge Schuster asked the Defense Counsel to pinpoint which part of section 4 excludes offences committed outside of Samoa. Adding the defence legal arguments depends on proving that the Samoa legislation does “exclude” offences committed outside Samoa.

Furthermore, the District Court Judge stated that while Section 4(1) refers to “all offences” Section 4(2) applies to all acts done or committed in Samoa and subsections 3 and 4.

In the end, Judge Schuster denied the motion to quash the charges. 

The defendant came to the Country for the Methodist Annual Conference when he was arrested and charged by the Police in July.