The former Associate Minister for Health, Salausa Dr. John Ah Ching has accepted the Supreme Court’s decision to dismiss his petition against the elected Member of Parliament for the Faleata No. 1 seat.

Consequently, the Fa’atuatua i le Atua Samoa ua Tasi (F.A.S.T.) party Member-elect for the Faleata No. 1 seat, Manuleleua Paletasala Tovale has secured his term of office for the next five years. 

It follows a decision by the Supreme Court on Wednesday that the one count of bribery against Manuleleua is unsustainable and was therefore struck out. 

There were initially two counts of bribery filed against the Member-elect but the other charge was dropped after a witness who alleged the corrupt practice did not turn up for the court hearing. 

The sole witness Olevia Seufale, who gave evidence in the trial, alleged she was given $100 tala by Manuleleua and was a person she had not met before on 27 March 2021.

She told the Court the money was given to her to bribe her, which was a claim she didn’t raise in her sworn affidavit. 

Chief Justice, His Honour Satiu Simativa Perese then asked Ms. Seufale why her latest claim was not included in her earlier affidavit, which stated that the money was given to buy food.

In response she said this is the first time she had met Manuleleua when she was given the cash and she believes it was a bribe because of the upcoming election. 

The witness affidavit stated that $100 tala was given to her on 27 March 2021 where Manuleleua told her to use it to buy food.

Justice Fepuleai Ameperosa Roma then pressed Ms. Seufale on why she didn’t mention the claim in her affidavit. 

He then told the witness that her perception at the time when she received the money was crucial and asked why it wasn’t part of the statement. 

The witness was also asked if there was anyone else present when the money was given to her and she replied that Malaetia was there. 

(Malaetia did not give evidence in the case to support the claim).

Ms. Seufale said there might have been an error at the time her statement was prepared. Following her giving of evidence, lawyer Tuatagaloa Shane Wulf acting for Salausa withdrew the second count of bribery against the respondent.

The lawyer said he was unable to locate the second witness and wanted to withdraw the charge.

After a short adjournment, the Justices ruled to dismiss the petition against Manuleleua. “The sole allegation before the Court is about $100 tala,” said Chief Justice Perese. 

“It is for the petitioner to satisfy the court and safely convict a few will on the basis that there is no reasonable doubt. 

“In our view there is reasonable doubt about the terms of the gifting of $100 tala, the witness herself said in her first affidavit that it was given to purchase food, and when pressed by Justice Roma she said the extra evidence that the $100 tala is a bribe is not a matter that she raised with the counsel.”

The Court said the suggestion that the witness may have raised it with the lawyer could not be relied on. 

“But in our view a responsible counsel representing the petitioner would not have left out a critical information to making of that allegation of bribery,” it concluded. 

The court ruled to strike out the petition against Manuleleua, opening the door for him to become the local M.P. to serve his constituency in the next five years.

A counter-petition by Manuleleua against Salausa alleging several counts of bribery was denied by the Court earlier on before the hearing.