Head of State could prevent Vitale's hanging

LEI Mau and Fa’agase Faase’e shared a common fate - they were hanged in Samoa’s decaying Tafa’i gata Prison. Whether Eletise Leafa Vitale joins them on a gibbet largely rests with Head of State Malietoa Tanumafili II who, under Samoa’s constitution, has a big degree of discretion over commuting death sentences.

Death is the mandatory for murder but independent Samoa has never executed any body. Each time, eventually, Malietoa exer cises Clause 110 of the constitution and commutes the sentence to life imprison ment. The section gives him the right to “act in his discretion after consultation” with a minister designated by the prime minister.

New Zealand bought hanging to Samoa.

Police Chief Arthur Braisby reported that on 10 July 1928 “Chinese coolie No 4515 Le Mau, was executed at the Prison for the murder of Chinese coolie No 5479. This being the first execution since British occu pation of Samoa."

The last hanging in Samoa was that of Fa’agase Faase’e in 1951. Tonga, which also has the mandatory death sentence.

hanged a man as recently as 1978. Then Police Minister Noble ‘Akau’ola carried out the deed.

One of the basic questions Samoa has to consider over the death sentence are the horrible mechanics of carrying it out.

The last ever hanging in New Zealand, the 1957 hanging of Walter Bolton, was illustrative of the problems. He strangled slowly on the end of the rope.

“The last execution at Mount Eden was a very unpleasant one,” the attending doctor later wrote.

Hanging is supposed to break a person’s neck; the weight, speed and knot snapping the cervical vertebrae like a match.

If the hangman miscalculates he can behead the prisoner - or, worse, slowly strangle him. In some cases the hangman has had to grab hold of the prisoners legs to hasten the awful death by strangulation.

One of the odd features of hanging is that the bodies are seldom given back to rel atives.

The reason was noted in a 1949 British Royal Commission on Capital Punishment.

“Hanging leaves the body with the neck

elongated.” ■