Defamation is not a privilege but a crime under Samoa's law

By The Editorial Board 17 June 2024, 10:00AM

The term and definition of parliamentary privilege seem to have been forgotten. If allowed to say it has eroded.

There is a misconception among the ranks that the privilege applies to comments and statements made outside of parliament. For example, a cabinet minister is fond of making delirious and damaging statements each time he gets airtime.

He gets so carried away that he thinks that the statements he makes will not be recalled or there will be no one to hold him accountable for what he says. As a cliched proverb says: ”Those living in glass houses should not throw stones” is most applicable in this scenario.

The Minister for Agriculture and Fisheries La'auli Leuatea Schmidt loves his time on radio, or as the youngsters say these days, on podcast. As always, La’alui loves to brag about what the government has done for this nation.

He loves to highlight the goods and more than often he gets carried away. It may be habitual or pre-planned but there is a trend where the minister talks about things he has no evidence of or he is doing it on purpose to divert public attention.

Contrary to what people may have become accustomed to, every statement made by a politician should be held accountable. Just because a person becomes a member of parliament does not give him or her the right to utter things that have no evidential support.

There is no right enshrined to any member of parliament or cabinet minister to suggest notions when they are not true.

We are seeing a classic example of this. A matai based in Australia has decided to exercise his right as enshrined under the Constitution and listed in the Crimes Act. It comes under the criminal libel section where statements that are slanderous and defaming are criminal.

It is very clear under the law. The government has exercised this and taken people to court. The funny thing about the law is that it does not discriminate. If a cabinet minister is slanderous and defaming someone, he too will face the same law.

It is good to see that the Samoa Police is not bending under political pressure and doing the work that the they are meant to. The cabinet minister in concern is the Minister of Agriculture and Fisheries (M.A.F.), La'auli Leuatea Schmidt. He has a love affair with the media in New Zealand, where he seems to talk very candidly.

While being in Samoa, he loves to deflect the questions posed to him. This remains a mystery as to why he prefers to talk to media that is partial and biased rather than speak to the media that reports without fear or favour.

We hope that the police do their work diligently and with fairness. Police authorities in Samoa are currently awaiting reports from various financial institutions providing money transfer services regarding allegations made by a Cabinet Minister concerning cash payments to two senior police inspectors involved in a high-profile hit-and-run case in Vaitele back in 2021.

Police Commissioner Auapa'au Logoitino Filipo confirmed that Molio'o Andrew Mowat, a Samoan matai residing in Australia, has officially filed a complaint against the Cabinet Minister in question over this matter.

According to Auapa'au, a warrant has been directed to all financial institutions offering money transfer services to determine whether the two inspectors, Tupa'i Sapani Leleimalefaga and Tony Tevaga, received payments from Molio'o as alleged bribery.

Should the reports validate the two inspectors' claims that they did not receive any money, the next steps will involve potential charges against the individual who made the accusations, the Minister of Agriculture and Fisheries (M.A.F.), La'auli Leuatea Schmidt. Conversely, if investigations substantiate that the inspectors did receive money, they will face accountability measures.

The dispute stems from statements made by La'auli during a media interview conducted overseas, where he publicly named Inspectors Tupa'i and Tony, questioning their integrity and alleging they received bribes from Australia to influence the hit-and-run case investigation. 

By The Editorial Board 17 June 2024, 10:00AM
Samoa Observer

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