Court grants
judgment of acquittal in police bribery case
Richmond commends police detective for "morally and outright
refusal" of bribe money
by La Poasa
Samoa News Staff
The High Court
threw out yesterday the government's case against businessman
George Neru, who was on trial for bribery of a police officer,
because the government did not meet its burden of proof.
While the Court
initially denied the defense's motion for a judgment of acquittal
on Tuesday after reviewing the law in a "broadly construed"
way, Associate Justice Lyle L. Richmond said yesterday morning
that after further review, the Court is now granting a judgment
of acquittal in the case.
Richmond said
it was not an easy decision for he and associate judges Saole
and Save to make.
"We make
that decision reluctantly," said Richmond. "We all
hear about corruption in the government including under the table
offers like this one of money for benefits. Obviously, if the
money is accepted by a public official for improper benefit,
return, that corruption is difficult to detect."
He said that
kind of corruption is difficult to detect since it's done in
secrecy.
The judge said
the Attorney General's Office should certainly undertake opportunities
presented to prosecute such illegal acts.
Police Lt. Liu
Fuifatu, the detective to whom the government said was offered
a bribe by Neru, went to CCG store in Ili'ili on June 5, 2007
to investigate stolen items that were sold to the store. He met
Neru at the store.
Fuifatu testified
that Neru told him that there is a case pending in Court about
computers that involve his "Chinese children" and he
(Neru) asked if there was any assistance he (Fuifatu) could give
him. Fuifatu also testified that Neru told him that after their
meeting, they would go outside and he'll tell his "children"
to give him (Fuifatu) $500.
Richmond said
Fuifatu is to be commended for his "morally and outright
refusal to accept the money bribe". However, the associate
justice explained that the benefit sought in this case relates
to a criminal action involving the computer theft that was then
pending in Court.
Richmond said
the evidence does not establish that at that time or at the time
of the bribe offer, Fuifatu "had any official action to
take or any discretionary decision to make or any other legal
duty in reference to that pending case."
According to
ASAC 46.4701, a person commits the crime of bribery of a public
servant if he knowingly offers, confers, or agrees to confer
upon any public servant any benefit, direct or indirect, in return
for: the recipient's official vote, opinion, recommendation,
judgment, decision, action, or exercise of discretion as a public
servant; or the recipient's violation of a known legal duty as
a public servant.
Richmond said
the law requires that there must be connection related to the
pending criminal action in this particular situation between
the bribe offer and the officer's duty, and under the evidence,
"that connection simply has not been shown as a matter of
law."
The jury - who
was selected Tuesday to hear the case - was then called and Richmond
explained to them what had transpired.
"Your service
in this case is certainly appreciated," Richmond said before
dismissing the jury. "It's often a hardship to serve as
a juror. But you have performed a civic duty by helping the judicial
branch to do its job. I'm certain that you've undertaken your
duties attentively and conscientiously, and we are grateful for
your assistance and cooperation."
Neru was represented
by Sharron Rancourt while prosecuting the case for the government
was Assistant Attorney General Moi Masaniai.
Reach the
reporter at la@samoanews.com.
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