6 Sep 2016

Samoa's NPO says AG can't hire NZ lawyers

10:13 am on 6 September 2016

Samoa's National Prosecution Office (NPO) has moved against an Attorney General's decision to hire a New Zealand lawyer to prosecute criminal charges against the Police Commissioner.

Police Commissioner, Fuiavailili Egon Keil, in the middle heading to court with his lawyer (right) a family supporter and civilian police officers behind.

Police Commissioner, Fuiavailili Egon Keil, in the middle heading to court with his lawyer (right) a family supporter and civilian police officers behind. Photo: Tipi Autagavaia

Earlier Lemalu Herman Retzlaff engaged two lawyers to prosecute the Director of Public Prosecutions, who faces charges of dangerous driving, and Commissioner Fuiavailili Egon Keil, on charges including perjury, unlawful detention, providing false statements and disorderly conduct.

The government said for reasons of fairness and equality, it was important an objective view was sought for the cases.

However in a statement the NPO said prosecution powers under the Constitution have not been delegated.

It said the Attorney General had the mistaken impression that he still retained some power of prosecution to appoint an overseas counsel of his choice.

The statement said that power was removed under a constitutional amendment and given to the NPO.

The role of the Attorney General was to focus on civil suits against government, it said.

The Office said Lemalu Retzlaff had now removed himself from any involvement in the case.