The Supreme Court has excluded the former Minister of Works, Manu’alesagalala Enokati Posala, as a party to the petition filed by the former Leader of the Tautua Samoa Party, Palusalue Fa'apo II.
Palusalue filed a petition against the current Member of Parliament Leaana Ronnie Posini– including Manu’alesagalala on allegations of bribery and treating.
Lawyer Pau Mulitalo acted on behalf of the first respondent, the new Member of Parliament, Leaana Ronnie Posini.
Pau raised questions about the non-compliance of the petitioner with the notice of publication.
He said said the notice of publication was one day late.
The second respondent ,Manu’alesagalala’s lawyer, Sua Helene Wallwork, argued that her client cannot be named as a second respondent because he was not successful during the election, he is not a member of Parliament and he is also not the Electoral Commissioner.
According to Ms.Wallwork, only a successful candidate and a Member of Parliament can be cited as a party to the matter.
Chief Justice, His Honour Patu Tiava’asue Falefatu Sapolu, presided.
The first application by the first respondent of non compliance by the petitioner of the notice of publication was excused.
The election petition, as it relates to the second respondent, is struck out and counsel for second respondent to file a memorandum to cost within seven days.
The petition proceeds against the first respondent.