The Supreme Court has stated that it would be inappropriate for the present Attorney-General or any member of her office to act as advisors in Toelupe Poumulinuku Onesemo’s application against the orders of the Electoral Court in the Falealili No.1 election petition.

The matter was called on Thursday. Justice Rhys Harrison said it was necessary to appoint an amicus curiae to assist the court.

In setting out a timeline for submissions and a hearing date, Justice Harrison found that AG Mauga Precious Chang was conflicted when it came to Toelupe’s case.

“Also, her former law partner (Muriel Lui) appeared as counsel for the applicant in the Supreme Court while she and the Attorney were in legal partnership and is acting for the applicant on the Certiorari Application (application to quash the Electoral Court orders),” he said in his written orders.

“The Ministry has engaged Christopher Finlayson KC and Su’a Helene Wallwork to act in that role. I am satisfied that Ms Wallwork does not have a conflict arising from her previous appointment as Attorney General.”

On 24 March, Chief Justice Satiu Simativa Perese and Justice Leiataualesa Daryl Clarke ordered Toelupe’s election void after finding him guilty of election bribery. A stay has been granted on the order until the matter is dealt with by Justice Harrison.

Toelupe’s application seeks to quash the decision of the Electoral Court. He is also seeking an order to take the hearing of his application to the Court of Appeal.

According to Justice Harrison, the first, second and third grounds of the statement of claim appear to allege actual bias and predetermination by the Chief Justice.

“Such allegations are serious,” he said.

For the determination on which court should hear the application, the Registry was requested to arrange a hearing of that application at 9.00 am on Monday, 20 April 2026. Local counsel are to appear in person. Overseas counsel and the Bench will appear by video link.

By 5.00 pm on 13 April 2026, counsel for the applicant is to file a synopsis of submissions together with relevant authorities, in support of the application to remove. By 5.00 pm on 17 April 2026, counsel for the respondent is to file a synopsis of submissions together with relevant authorities if he opposes the application to remove. 

By 5.00 pm on 17 April 2026, the amicus are to file a synopsis of submissions together with relevant authorities in relation to the application to remove. A memorandum of proper particulars must be filed by 5.00 pm on 13 April.

Justice Harrison stated that Toelupe had sworn an affidavit in support of his application. He said Toelupe’s counsel must be in a position at the conference to address its admissibility.

“It is anticipated that a decision on the application to remove will be delivered promptly. Further timetable directions will then follow. The hearing of the Certiorari Application, whether in the Supreme Court or Court of Appeal, will provisionally take place in the week starting 1 June 2026,” said Justice Harrison.