The 21-year-old facing a murder charge in relation to the death of his 23-year-old female cousin in an incident that occurred in October at Nu’u, appeared again in the Supreme Court yesterday.
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This time, Elisara Toetu through lawyer, Tole'afoa Vaega Lei Sam, entered a not guilty plea to the charge against him. Tole'afoa was there on behalf of defence lawyer, Papali’i Lio Taeu Masipau.
Presiding over the matter was His Honour Chief Justice Patu Tiava’asu’e Falefatu Sapolu.
During the proceedings, Tole'afoa made an application for bail on the grounds that Toetu had been in custody since 19 October, he deserves proper facilities under the Constitution, and the families of the defendant and the deceased in the matter have reconciled.
He also said Toetu was prepared to surrender all documents and report to the nearest Police post at Lepea where he would be living with his uncle.
When His Honour Patu questioned prosecution lawyer, Rexonna Titi, if there was any objection to the bail application, she replied yes.
She told the Court that the defendant and the deceased’s families are closely related.
There is also nowhere for him to live at this time since there was still a feeling of hostility among the families and both sides were still hurt about what had allegedly transpired.
In the end, His Honour Patu said that the “counsel for the defendant may renew his application for bail anytime one week after today”.
The matter has been adjourned to the week commencing 30 March 2015, for the hearing.
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