Defense says
Amotai wasn't driving truck that killed 12-year-old
by La Poasa
Samoa News Staff
Defense attorney
Fiti Sunia said his client, police veteran Makuisa Amotai, wasn't
the driver of the vehicle that struck and killed a 12-year-old
boy crossing the street on a crosswalk in Nu'uuli on Jan. 28,
2007.
During his opening
statement yesterday at the trial of his client, who is facing
vehicular homicide and careless driving, attorney Fiti Sunia
told the jury at the High Court that Amotai is innocent and the
government knows it.
He said the government
has evidence and if they do not present to the jury, he will,
and the evidence shows that his client did not operate the vehicle
that fatally struck 12-year-old Neemia Leusoga Faataui on the
night in question.
But yesterday,
the government, represented by Assistant Attorney General Aaron
Masser, presented into evidence a written statement by Amotai
- made shortly after the incident - showing that Amotai confessed
to driving the Ford truck that struck Neemia.
The government
also put on the stand Neemia's older brother, Simalu Tofa, 17,
who testified that after his brother was struck by the truck,
he witnessed Amotai exiting from the driver's side of the truck.
Except for Tofa,
all other witnesses for the government put Amotai at the scene
of the crime but they did not say that it was Amotai who drove
the truck. Two witnesses, who were at the scene, said by the
time they reached Amotai's truck, people were already out of
the vehicle. They also testified that the truck was speeding,
around 40-50 miles per hour, at an area where the speed limit
is 25 mph.
One witness,
who was in another truck heading to the airport that night, testified
that he saw someone come out of Amotai's truck but the person
was young, perhaps in his 20s, skinny, and looked fair - which
does not fit the description of Amotai, who is dark-skinned and
in his late 40s or early 50s.
The witness,
Talosaga Vaoali'i Jr., told the jury that when he saw a picture
of Amotai in the newspaper regarding the case, he contacted the
police and relayed to them his concerns because the man he saw
that night exiting the car was not Amotai.
Police Lt. Ray
Noa, who investigated the case, testified that Amotai admitted
that he was one who drove the truck.
After the prosecution
rested its case, Sunia moved for a judgment of acquittal, citing
that the government didn't meet its burden of proof based on
the evidence and testimony given by the government witnesses.
He said the main
evidence presented was his client's written statement to police
"that suggested" that he was driver of the truck. Citing
a Supreme Court case, Sunia said the government cannot rely only
on the defendant's submission, but that it must introduce substantial
independent evidence to corroborate elements of the crime.
Here, the government
has not done that, argued Sunia. He said the jury cannot also
deliver a guilty verdict based on insufficient evidence from
the government.
Masser said he
does not believe that a defendant's admission can't be the sole
evidence. Additionally, he said one witness has testified that
Amotai was the driver while other government witnesses have put
Amotai at the scene of the crime.
Masser said there
is sufficient evidence against the defendant.
After hearing
the arguments, Chief Justice F. Michael J. Kruse denied Sunia's
motion. He said Sunia's whole motion was premised on the word
"credibility," which Sunia stated early on in his argument.
Kruse said credibility
is what the jury is there to decide. He also agreed with the
government that there was other evidence, aside from Amotai's
written statement, that has been presented by the government.
He did note that
there is a variance in the testimony of the other witness from
the last witness, Vaoali'i, but added that decision will be made
by the jury.
The trial continues
today with the defense presenting its case.
Assisting Kruse
on the bench are associate judges Atiulagi and Saole.
Reach the
reporter at la@samoanews.com.
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