The application by former Manu Samoa coach Mase Mahonri Schwalger for a stay of his sentence and leave to appeal will now be heard by Justice Fepuleai Ameperosa Roma, as senior Supreme Court Judge, after Justice Vui Clarence Nelson marked his last day on the bench.
Mase has been found guilty of eight charges, including sexual assault. His lawyer, Leinafo Strickland, had filed applications, including an appeal against the conviction.
Justice Nelson told the court that a situation in which the presiding judge was retiring from the bench may be unprecedented, but the constitution allowed him to return to sentence Mase should his applications fail.
He said at this point he was staying the sentencing for Justice Roma to hear the applications made by the defence counsel.
He said under Article 67(3) of the constitution, he would return from retirement to sentence Mase should the applications for leave to appeal not succeed.
