Kolani Lam had been convicted in the Supreme Court of Samoa of the murder of his wife by strangulation inside their house, assaulting his stepdaughter and interfering with a witness following a judge alone trial in 2019.
Matt and Ciara were instructed on an appeal against conviction, which was heard in the Samoan Court of Appeal before Justices Young, Harrison, Asher and Tuala-Warren (a full Bench).
On appeal, Matt argued numerous appeal points revolving around errors of previous trial counsel. The most significant error was that a defence pathologist should have been instructed on the cause of death, as the defence theory was that the wife had committed suicide by hanging. To support that argument we instructed Dr Byron Collins, leading Australian pathologist who provided an independent report to the Court and argued that was fresh evidence. Dr Collins agreed that the cause of death was neck compression, but highlighted that the pivotal issue was how that neck compression occurred – suicide or strangulation. While Dr Paul Botterill(engaged by the Attorney General) was of the view that strangulation was the favoured cause of death, Dr Collins said that injuries sustained could be reasonably explained by the process of hanging and resuscitation attempts which had been performed by Mr Lam.
During the appeal hearing leave to call fresh evidence was granted, both pathologists were closely questioned by both counsel and judges. The evidence of Dr Botterill was preferred.
As a result Mr Lam’s appeal against the murder conviction was dismissed, but granted on the charges of assault on a child and interfering with a witness.
