Figiel trial adjourns until Sept. awaiting arrival of key govt witness

Apia, SAMOA  — The Samoa Supreme Court on Wednesday adjourned proceedings in the high-profile murder trial of renowned poet and playwright Papali‘i Sia Figiel until September 11, 2025. The decision was handed down by Justice Fepuleai Ameperosa Roma following the third day of hearings.

Justice Fepuleai cited the need to accommodate the final police witness, who is scheduled to arrive in Samoa on September 6. The adjournment will allow sufficient time for her to present her testimony, which is expected to be a pivotal component of the prosecution’s case.

SECOND DAY OF TRIAL:

On Tuesday, August 19, 2025, defense counsel Unasa Iuni Sapolu vigorously defended her client’s constitutional rights, focusing on the right to silence. Sapolu argued that Figiel had clearly declined both legal representation and the opportunity to make a statement when initially questioned by police.

During the cross-examination of Senior Sergeant Maatusi Lelefu and Constable Steven Tonumaipe'a, Sapolu pressed the officers on the legality of the interview conducted with Figiel. The exchange revealed that despite Figiel’s refusal to speak or engage a lawyer, police proceeded with the interview and recorded a statement.

“And she said no to both a lawyer and a statement, is that correct?” Sapolu asked.

“Yes,” Lelefu replied.

“Yet you went ahead and conducted the interview and provided a statement, isn’t that so?” Unasa asked.

“Yes,” he confirmed.

He also acknowledged that Figiel appeared visibly distressed during the interview, noting that she was “sad” and had “tears in her eyes."

”When asked whether the interview was paused to offer Figiel a break, Senior Sergeant Lelefu admitted, “No, because it was flowing well.”

Constable Steven Tonumaipe’a, who was present during the interview and also attended the crime scene, corroborated that Figiel had explicitly declined both legal representation and the opportunity to make a statement. Despite this, the officers proceeded with the interview.

Both officers testified that Figiel stated, “I killed her,” referring to the late Sinavaiana Dr. Caroline Gabbard, before declining her rights. The defense argues that this admission, followed by continued questioning, raises serious concerns about procedural fairness.

Tonumaipe’a explained that after the statement was recorded, it was given to Figiel to read. Officers then read it aloud to her again and clarified its purpose. When Justice Fepuleai Ameperosa Roma questioned the rationale behind reading the statement back after Figiel had already read it, Tonumaipe’a responded:

“It was for clarification.”

Justice Roma then asked why there was no written record indicating that the defendant had read her statement, had it read back to her, and received clarification afterward.

Constable Steven Tonumaipe’a responded that these actions occurred after the formal interview had concluded.

Justice Roma pressed further: “It is the common practice of police to note all things that took place during the interview at the end of the statement; is that not the process?”

Constable Tonumaipe’a agreed.

He recounted the events of Sunday, 26 May 2025, when Figiel’s cousins, Cecilia and Sia, arrived at the police station and spoke with the Criminal Investigative Division (CID). Following their report, a police team was dispatched to Figiel’s residence in Vaivase.

According to Tonumaipe’a, Cecilia guided officers through the house, directing them to a safe. Inside the residence, police observed a small knife on a table near the entrance, scattered materials across the floor, and a hammer placed beside the safe.

Upon removing the safe, officers noted four black trash bags nailed to the door frame, and detected a strong odour emanating from the bathroom, a detail that visibly impacted the courtroom.

The body of the deceased, identified as Sinavaiana Dr. Caroline Gabbard, was recovered, placed in a body bag, and transported to the morgue, where additional photographs were taken for forensic documentation.

Frank Lafaitele, a 19-year-old member of the National Orchestra Choir, took the stand to offer insight into the character and daily life of murder accused Papali‘i Sia Figiel.

Frank had lived at Figiel’s Vaivase residence for two months, assisting her with performances at her Galumoana Theatre, where she had engaged him as a violinist and pianist.

He described Figiel as "a very kind woman,” and as someone whom he felt “very comfortable to be with.” She was also someone who “encourages and pushes him on.” When asked if he had ever witnessed Figiel in an angry state, Frank replied, "No."

He also noted the presence of insulin in the house, confirming Figiel’s diabetic condition.

Frank shared that his usual arrangement with Figiel involved retrieving the house key from under a rock near the door.

However, on Friday, 24 May 2024, he returned from rehearsal and found the key missing. The house was locked, and he was unable to enter. He recounted that the last time he saw Figiel was that Friday morning before leaving for rehearsal.

He returned again on Saturday morning, but the house remained locked. Frank stated that he never saw Papali‘i again until he learned of the incident involving the death of Sinavaiana Dr. Caroline Gabbard.

THIRD DAY OF TRIAL:

On Wednesday, the court heard expert testimony from Dr. James Kalougivaki, Head of the Fiji Police Forensic Unit, who gave evidence via Zoom from Fiji. Dr. Kalougivaki conducted the postmortem examination on the late Sinavaiana Dr. Caroline Gabbard, on June 9, 2024.

Dr. Kalougivaki testified that severe traumatic injuries were the cause of death. He described multiple wounds across the head and body, including fractured circular injuries to the skull, consistent with impact from a blunt round object, such as the head of a hammer, damage to the upper limbs, skin, and scalp, and a deformed left arm, indicating significant force or trauma.

Despite the depth of the wounds, measuring 20 to 22 millimeters, Dr. Kalougivaki noted that the dura mater, or the outer protective layer of the brain, remained intact.

He described in detail the decayed and decomposed state of the body when he conducted the postmortem examination, noting the overpowering odour and the discharges that continued to seep from the remains.

The examination also revealed what he identified as “defensive injuries,” suggesting that the deceased had tried to shield herself from the assault.

Ultimately, he concluded that the depth and severity of the wounds, including multiple fractures to the head, confirmed that Dr. Gabbard died as a result of severe traumatic head injuries.

Dr. James Kalougivaki is among the key police witnesses in the ongoing trial of Papali‘i Sia Figiel, who stands accused of murdering Sinavaiana Dr. Caroline Gabbard at Vaivase in mid-2024.

The final police witness is scheduled to testify on September 11, 2025, following her arrival in Samoa on September 6.