Overseas broadcaster, Tiumalumatua Maifea Fetu facing a defamation charge is seeking the court to quash the criminal charges against him.
The application was made by his lawyer, Faimalomatumua Matthew Lemisio after the prosecution sought an adjournment given their witnesses had not been summoned to appear before the Court.
Tiumalumatua Maifea Fetu, an Australia-based Samoan radio announcer is facing criminal charges following a complaint lodged by Fa’atuatua i le Atua Samoa ua Tasi party Secretary, Va’aaoao Salu Alofipo in July.
Prosecutor Jason Tuala confirmed the witness in support for their case are Laulialemalietoa Leuatea Polataivao and Va’aaoao Alofipo, both overseas for the FAST party mandates.
This did not sit well with District Court Judge Leota Raymond Schuster.
“Why did you agree to the hearing date (19 August) if you knew your witnesses would be overseas,” asked Judge Schuster.
However, Tuala informed the court, that their witnesses will be back in Samoa this weekend.
Faimalomatumua then moved to quash the charges, but Judge Schuster noted the defence has yet to enter a plea to the charge.
In the end, the District Court Judge adjourn this matter to 25 August to hear the application to quash the information against the defendant, and if the application is successful, then that will be the end of it, but if not then we will hear the actual case then on that day.