“No case to answer” application denied, case to proceed


The “no case to answer” application filed on behalf of suspended Deputy Electoral Commissioner Afualo Daryl Mapu was denied by Supreme Court Justice Tologata Leilani Tuala Warren yesterday. 

Defence lawyer, Tofilau Leone Su’a-Mailo questions the “chain of custody” and the alleged inconsistency in some of the prosecution evidence presented before the court. 

However the prosecutor, Lupematasila Iliganoa Atoa objected to the motion noting the case before the court is based on facts and evidence which has been presented before the court. 

The bench trial for suspended Electoral Commission staff Afualo Darryl Mapu and Marie Fanueli started last week. 

The pair are jointly charged with six counts of drug-related offenses and possession of illegal weapons, in relation to a police raid at Nu’ufou on 28 December 2021.

After denying the application, Justice Tuala-Warren scheduled this matter to proceed on Thursday for the Defence to present its witnesses. 

Last week more than 10 Police officers took the stand testifying as witnesses for the prosecution.