“It makes it very difficult or impossible to have a fair trial,” she said.
Told by Justice Vui that there is no statutory time limit on murder, Ms. Leavai countered that there would be some integrity aspects to the evidence.
A 64-year-old mother accused of strangling her new-born child 44 years ago, appeared in the Supreme Court yesterday, charged with murder.
Maota Ah Tag pleaded not guilty to the charge against her.
Her lawyer, Tima Leavai, also made an application to Supreme Court Justice, Vui Clarence Nelson, to quash the charge against her client.
The alleged incident occurred between March and April in 1970.
In response, His Honour Justice Vui told Ms. Leavai she needed to file more documents with the Court to support her argument.
But Ms. Leavai persisted; arguing that the time between the alleged crime and when her client has finally been charged has been too long. This, she said, violated her client’s Constitutional right to a fair trial.
“It makes it very difficult or impossible to have a fair trial,” she said.
Told by Justice Vui that there is no statutory time limit on murder, Ms. Leavai countered that there would be some integrity aspects to the evidence.
Ms. Leavai then informed the Court that her client maintains that the allegations against her are being pushed by ulterior motives, such as false accusations created by her own sisters.
The Court heard that the defence had initially scheduled three witnesses to give evidence.
But two of them have passed away. The remaining witness is an “invalid” living in American Samoa who has made it clear she is unavailable to be part of the court proceedings.
The prosecution team is made up of Precious Chang and Brigitta Lo Tam-Fa’afiti, of the Attorney General’s Office.
Prior to Ms. Leavai taking over as defence counsel, Ah Tag’s initial lawyer was Tole’afoa Solomona Toa’iloa.
He moved a motion in the Supreme Court last September to quash the murder charge against his client.
Yesterday, His Honour Justice Vui adjourned the matter to 30 July.
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