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Court rejects claim

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ACCUSED: Grant Holland and Vaioleti Stowers . Photos: Samoa Times.The Supreme Court has rejected claims by a woman prisoner that she was refused her rights when police officers at Tafaigata prison forbid her from using a phone.

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Prisoner, Vaioleti Stowers, made the claim before Chief Justice, His Honour Patu Tiava’asue Falefatu Sapolu on Thursday.

Asked why she did not have a lawyer, Stowers blamed police officers “for refusing to allow me to use a phone to call a lawyer.”

She made the claims during the ongoing case where she is accused of the sale of car rentals belonging to National Car Rental and Samoana Car Rental. Stowers and Grant Holland face 12 charges.

The claims from Ms. Stowers were so serious that the Chief Justice told prosecutors to investigate the accusations.

Prosecuting is lawyer Rexona Titi, of the Attorney General’s Office. On Wednesday, several police officers working at the Prisons and Correction Service were called in Court to give evidence about Stowers’ claim.

First to take the stand was Superintendent Taefu Niko. He denied being asked by Stowers to make a phone call to find a lawyer. “Vaioleti had made four requests,” Taefu told the Court.

“But none of those requests was to make a phone call to a lawyer.” Taefu said Stowers had only asked to go to the hospital and for her family to visit Ta’ifaigata. Given the opportunity to question the officers, Stowers asked Taefu if he had received any of her complaint forms where she requested to call a lawyer.

“No I didn’t see them,” said Taefu.

Senior Sergeant Kerisiano Lale told the Court that Ms. Stowers only made a request to call her family, not a lawyer.

“I asked her how her case was and she said she will represent herself,” said Lale. “I cannot confirm her claims (about being stopped from making a phone call).”

He was also asked by Stowers if he had received her complaint form.

“No I am not aware of it,” replied Lale.

The last to take the witness stand was Senior Sergeant Musu Talai. According to Musu, he helped Stowers to fill in her application form for legal aid. The application was denied. “She told me that she wanted to plead guilty to the charges against her but she wanted to tell her side of the story,” said the Senior Sergeant.

“She also told me that she didn’t know what the charges were that she was facing.” From his evidence, Musu told the Court that when she met with Stowers on 17th March, she had told him that her and Holland wanted to have one lawyer.

Stowers, however, told Musu she doesn’t want Holland’s lawyer who is Leota Raymond Schuster.

“This is the first time I have heard of this kind of claim that phone calls are not allowed (for prisoners) but I can recall that her request for a phone call is always granted.” In the end, Justice Patu rejected the claim by Stowers. “I do not believe you Vaioleti Stowers,” said His Honour Patu. “Do not make false statements in the Court.”

The matter was then adjourned until 13th April for her and Holland to answer to their charges.

 

 

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