Death-row politicians await mercy

By ALISON HORWOOD

A decision is still be to made on whether two Samoan politicians convicted of murder will hang for their crimes.

After a 14-week trial, a panel of assessors took less than three hours to find Leafa Vitale and Toi Aukuso Cain guilty of plotting the assassination of high-flying political leader Luagalau Levauala Kamu.

Luagalau, an Auckland University graduate and father of four, was gunned down at a political function on July 16 last year by Leafa's son, Alatise Vitale.

Last week the presiding judge, Justice Andrew Wilson, convicted the pair and sentenced them to death by hanging.

The death penalty is mandatory in Samoa for murder, but it has not been carried out since the country gained independence in 1962.

The last hanging was in the 1950s, when the country was under New Zealand administration.

George Latu, Samoa's principal state solicitor, said the decision on whether the men would hang was made solely by the Head of State, Malietoa Tanumafili II.

"It is a decision that can only be made by the Head of State.

"However, it is highly unlikely the death penalty will be carried out," said Mr Latu, who prosecuted during the trial alongside Auckland-based crown prosecutor, Kieran Raftery. The Herald yesterday was unable to contact Malietoa.

The decision is expected to be made in the next few weeks following an expected application from the defence team to commute the sentence to life imprisonment.

The defence team also have a further 16 days to appeal the sentence. The Court of Appeal in Samoa is presided over by three New Zealand judges.

Alatise Vitale, aged 34, has already had his death penalty commuted to life. He is serving his sentence in a special police holding cell at Savaii, an island off the mainland, to keep him away from his father and Toi.

The two former cabinet ministers are being held at Tafaigata Prison, the only one on mainland Upolu.