Election challenge adjourns for negotiations
By Matai'a Lanuola Tusani T - Ah Tong
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20 July 2021, 11:00AM
The Fa’asaleleaga No. 3 election petition has been adjourned by the Supreme Court to give the disputing parties time to reach a settlement.
Former M.P. and Human Rights Protection Party-member Namulauulu Sami Leota is challenging the election victory of Fa’atuatua i le Atua Samoa ua Tasi (F.A.S.T.) Member-elect Papalii Lio Masipau.
The hearing was scheduled for Monday but had to be adjourned to Tuesday to allow the two parties to continue their negotiations.
Justice Vui Clarence Nelson and Justice Fepuleai Ameperosa Roma adjourned the matter to Tuesday, noting that the two parties had a “realistic chance of success.”
Justice Nelson added that should the parties not reach a settlement then they should be ready to proceed when the matter returns to Court on Tuesday morning.
Lawyers Aumua Ming Leung Wai and Lucy Sio-Ofoia are representing Namulauulu while Leiataualesa Komisi Koria is the counsel for Papalii.
The Fa’asaleleaga No. 3 constituency comprises the villages of Sapapalii, Vaimaga, Eveeve, Fusi, Fuifatu, Fatausi, Fogapoa, Tuasivi, Tapueleele and Safotulafai.
Papalii, who is a lawyer by profession and a former Police Assistant Commissioner, was among the F.A.S.T. Members-elect who were sworn-in on 24 May 2021 and was voted the House Speaker.
Like other lawyers who contested the election, Papalii runs the risk of losing his lawyers practicing license should he be found guilty of corrupt practices during the general election.
Two other lawyer colleagues of Papalii, who successfully won their elections but were taken to court in election petitions, were forced to resign as part of out-of-court settlements with the petitioners.
The results from the April election saw Papalii taking the lead to secure 1341 votes with Namulauulu collecting 1124 to lose the seat to his F.A.S.T. rival.
The lawyer previously contested under the Tautua Samoa Party banner and the Human Rights Protection Party in a 2019 by-election in the same district.
Papalii was one of several former Tautua Samoa M.Ps who abandoned the former opposition party to contest under the F.A.S.T. banner and successfully win the election.
Namulauulu who is a Board Member for the Lakapi Samoa and a businessman who first entered parliament through a by-election in 2019.
His election at the time was critical as it was the first constituency to implement new amendments to the electoral laws, requiring voters to return to their constituencies to cast their votes.
He was a member of the Parliamentary Committee that visited Upolu and Savaii to consult and review the Land and Titles Court bills and was also the Federal Pacific Insurance General Manager.