AG demands former Inspector's file to prepare statement of defence for Police

The Attorney General’s office has demanded the “thorough preliminary review” file on the termination of Ituatu Junior Ale from the Ministry of Police and Prisons in 2019.

Three years after Ale’s termination of services from the Police, he retained an attorney and has taken legal action over claims of unlawful termination.

He is represented by Alex Su’a.

Attorney General, Su’a Hellene Wallwork in her “urgent” letter dated 3 February, 2022 which was obtained by Radio Polynesia to Acting Commissioner of Police last month, Leiataua Samuelu Afamasaga, noted their office has been served with an application Stowers and Su’a lawyers of an intended suit against the Police.

The AG says the former Inspector is alleging amongst other issues, he was “unlawfully dismissed” pursuant to section 48 and 51 of the Police Service Act 2009.

Also that the “Police is in breach of its statutory duty” by which Ituatu was terminated without referring the matter to be heard by the Police Tribunal and that he “was not given the right to defend the disciplinary charges” of misconduct against him.

Last month Attorney General, Su’a Hellene Wallwork wrote to the Ministry of Police and Prisons to provide a “thorough preliminary review” file and all “relevant documents” to assist in drafting up and preparing a statement of defence for the Ministry of Police and Prisons.

This was after their office was served with an application by Stowers and Su’a lawyer firm representing Ituau of an intended suit against the Police.

This was revealed in a letter from the AG’s letter to Acting Commissioner of Police last month, Leiataua Samuelu Afamasaga.

The Attorney General in her letter noted the plaintiff claims the Police failed to afford Ituau the right to a fair trial in the Police Tribunal pursuant to Article 9 of the constitution.

Furthermore the AG informed the Police that in order for the Attorney General’s office to defend their Ministry in this matter they need a thorough preliminary review of the said matter setting out the factual background that led to the alleged termination of Ituau.