PREMIUM

Fourth by-election triggered

By Soli Wilson 05 July 2021, 7:00PM

The number of by-elections triggered by post-election legal challenges now stands at four, after another M.P. was found guilty of 13 counts of bribery and eight of treating by the Supreme Court on Monday. 

The Member of Parliament-elect for Aleipata-Itupa-i-Lalo, Fiugalu Eteuati Eteuati from the Human Rights Protection Party (H.R.P.P.),will be unable to contest the new poll or any other contests for elected office for 10 years. 

Unusually, the by-election was triggered by a dispute between candidates from the same party: Fiugalu was responding to a petition filed by his H.R.P.P. colleague, the former M.P., Tafua Maluelue Tafua.

The Supreme Court proved Fiugalu had engaged in activities with a corrupt intent including gifting liquor boxes, having his wife dispense money, and personally handing down $300 to members of a Church in the constituency for drinks. 

Allegations the election winner was found to have engaged in included dispensing boxes of chicken, bags of rice, fresh fish and money before 9 April's national elections.

Attempts to get a comment from Tafua were unsuccessful outside court after proceedings concluded.

Tafua, who has been an M.P. for two terms of Parliament, was the first witness to testify in support of his claims against Fiugalu.

He had himself admitted to being involved in corrupt dealings whilst giving evidence relating to the election, saying that voters have certain expectations of candidates.

But a counter-petition mounted by Fiugalu against Tafua was dismissed. The court dismissed five charges of bribery and five of treating leveled against Tafua in the counter-petition.

The proceedings were presided over by Justice Niava Mata Tuatagaloa and Justice Lesatele Rapi Vaai.

“In view of our finding we declare the election of the respondent void pursuant,” Justice Niava said.

“The respondent shall pay costs of $2000. The security for costs shall be refunded to the Petitioner.”

The court will also report to the Speaker of the House pursuant to section 122 of the Electoral Act 2019.

Lawyer Leiataualesa Jerry Brunt acted for Fiugalu while Muriel Lui represented Tafua.

The court's guilty verdict by the Court and the subsequent order for a by-election is yet another blow to the H.R.P.P. and the number of seats it controls on the floor of Parliament. After the election results had been declared, the H.R.P.P. had a confirmed 25 seats, but that number has dropped to 21 as the party will have to fight to regain the electorates it had previously won. 

In the 9 April 9, Fiugalu collected 791 votes while Tafua followed closely behind with 762.

Aleipata Itupa i Lalo is composed of Amaile, Lotopue, Malaela, Mutiatele, Salea'aumua, Samusu, Satitoa, Tiavea and Utufa'alalafa.

Tags

Politics
By Soli Wilson 05 July 2021, 7:00PM
Samoa Observer

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