Three suspects facing charges of money laundering, bribery and misleading police will have their court matters dealt with separately, after Justice Alalatoa Rosella Papalii rejected an application by Prosecution to transfer charges of bribery and misleading police to the Supreme Court, where the three are facing up to 30 charges of money laundering.
James Atua is charged with one count of misleading police and one charge of bribery in the District Court.
Fred Papalii is facing two charges of misleading police, while Nakitah Charles is facing one charge of bribery.
The three suspects first appeared in the District Court last week, accused of being connected to the fatal shooting of Coconut Cartel leader, Lorenzo Lemalu, allegedly killed in Vietnam by two Samoan youth who publicly admitted to the crime.
When the matter was called again this week before the District Court, the Judge found Prosecutors had failed to establish a sufficient connection between the charges before the District Court and the 30 money laundering charges filed in the Supreme Court.
“Prosecution cannot provide a nexus or a link between these files,” the Judge said.
The Court noted that the District Court charges arose after the defendants were removed from a plane and later charged with corruption, bribery, and misleading police – while the money laundering allegations stemmed from a separate investigation involving the Central Bank of Samoa.
“I am not satisfied that these charges relate to the same incident as the money laundering that is before the Supreme Court,” the Judge ruled.
“Accordingly, the application to transfer these files to the Supreme Court is declined. This matter will continue to proceed in this Court,” said Justice Alalatoa Rosella Papalii.
All three defendants entered not guilty pleas through their lawyers. Faimalomatumua Mathew Lemisio is representing James Atua and Nakitah Anne Charles while Fuimaono Sefo Ainuu is standing for Fred Papalii.
The Court has set the week commencing 14 September 2026 for hearing. The 8date was brought forward to accommodate defendant Nakitah Anne Charles, who is five months pregnant.
“Nakitah, you are five months pregnant, hence why we’ve accelerated the hearing of this matter to accommodate your condition,” the Judge said.
Ms Charles remains on bail and must continue complying with her existing bail conditions to sign-in at police headquarters weekly. The court noted that if circumstances change closer to the hearing date, an application can be made seeking leave to travel overseas.
The Court also addressed concerns raised by defence counsel regarding allegations that one of the defendants was interviewed by police without legal representation despite requesting a lawyer.
The Judge warned investigators that defendants’ rights must be respected at all times.
“If a defendant seeks for Counsel to be present, then that naturally should be granted,” the Judge said.
“The Ministry of Police, especially those who are involved in the investigation of this matter, are put on notice or warned that they must at all times, when requested by our defendants that they require counsel to be present during an interview, then their wish must be complied with.”
The Attorney General’s Office was directed to ensure the warning is communicated to Police
Meanwhile, defendants James and Fred remain in custody pending their first appearance in the Supreme Court on 29 June, where bail applications relating to the money laundering charges will be considered.
The Judge said he could not grant bail in the District Court while the Supreme Court matter remains unresolved.
“I have no jurisdiction whatsoever to remand him on bail on those charges until it’s called in the Supreme Court,” she said.
The court also ordered prosecutors to provide disclosure documents to the defence by 3 July to allow adequate time to prepare for trial.
“Prosecution is to disclose trial documents to the defendants by next Friday, the 3rd of July, to give them ample time to prepare for the trial,” the Judge ordered.
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