The Commonwealth Lawyers Association has condemned the attacks on the Samoa Law Society as wholly inappropriate, ill-informed and unjustified.

The CLA also stated that the SLS does not require any consultation to make observations concerning the rule of law.

Last week, the SLS raised concerns about Prime Minister La'aulialemalietoa Leuatea Schmidt being the Minister for Police and also the Office of the Attorney General. The SLS said they were concerned about the conflict of interest and called on the prime minister to respect the independence of the police and the prosecution.

The CLA said these were uncontroversial and balanced observations about the operation of the rule of law in a democracy that are expected of any Law Society or Bar Council.

“The reported official reaction to the Statement underscores the public importance of the issues raised in the statement. The media reported that the Government of Samoa commended the President of the Samoa Law Society, Fiona Ey, for raising concerns and indicated it valued constructive viewpoints as it worked to strengthen the justice sector,” the CLA said.

“Under Section 5 of the Lawyers and Legal Practice Act 2014, the functions of the Samoa Law Society are described, and Section 5 (f) categorically states that one of those functions is, “to promote and encourage the maintenance of the rule of law and the development of the laws of Samoa.” The statement was therefore issued pursuant to the statutory mandate of the Samoa Law Society and within the remit of its duties and functions.”

The CLA said that it considered the recent attacks in the press and social media on the Council of the Samoa Law Society and its President to be wholly inappropriate, ill-informed and unjustified.

The CLA said it strongly supports an independent legal profession, which must be able to speak robustly and sincerely on issues concerning the rule of law and draw attention to areas of public concern.

“The Commonwealth (Latimer House) Principles on the 3 Branches of Government state at Principle VIII (3): “An independent, organised legal profession is an essential component in the protection of the rule of law.”

“Further, the Council of any Law Society or Bar Council must act promptly and decisively where an area of concern is identified. Some criticism has been directed at a lack of consultation of members. However, not every issue requires consultation, as otherwise there would be inertia and paralysis of action.

“Moreover, given the express statutory mandate of the Samoa Law Society in Section 5(f), no consultation would be required to make observations concerning the rule of law – and in this regard, it is noteworthy that the Government and the Attorney General took no exception to the Statement of the Samoa Law Society.”

“It is appalling and deplorable that the President and Council of the Samoa Law Society have been attacked and subjected to online abuse and criticism for the statement.”

The CLA said it stood in solidarity with the Samoa Law Society, its Council and its President. It said they acted resolutely and courageously in upholding, promoting and defending the rule of law in Samoa, in the finest traditions of an independent legal profession.

“The CLA supports the right of the Samoa Law Society to issue statements and comment on issues involving the rule of law, including independence of the Judiciary and independence of the legal profession, and to identify areas where concerns about such independence may arise.

“The CLA also notes and welcomes the formal statement made by the Honourable Attorney General, Su’a Hellene Wallwork,” said the CLA.

“The CLA urges the media to report responsibly and fairly, and the CLA unreservedly condemns personal and politically motivated criticism, abuse and attacks, which should cease forthwith. Lawyers have a vital role to speak truth to power and to advocate for the rule of law. This noble role must be respected and not denigrated.”