PREMIUM

C.J. officially advises Speaker of by-elections

By Joyetter Feagaimaali'i 05 September 2021, 11:00PM

The Chief Justice has officially submitted the reports and certificates of the Supreme Court Justices who oversaw electoral petitions and counter petitions from the April election to the Parliament Speaker.

A statement issued from the Chief Justice’s Chamber at the court precinct at Mulinu’u last Friday gave a summary of all the cases that the Courts have handled including electoral petitions and counter petitions that were filed by the various candidates.

“The electoral petitions and counter petitions have now been heard, and I have submitted the reports and certificates of the Justices of the Supreme Court to the Speaker, the Honourable Papali’i Taeu Masipa’u,” reads the statement issued by His Honour Satiu Sativa Perese.

His Honor said a total of 28 electoral petitions and 27 counter petitions were filed with the Supreme Court with 11 of these cases going to trial and 17 getting withdrawn. 

As for the 11 trials that went before the Court, he said four of them resulted in their elections in April being voided for corrupt practices.

The affected constituencies included Aana Alofi Nu. 2 (where the respondent Aiono Afaese Toleafoa was found guilty of five counts of bribery); Aleipata Itupa i Lalo (where 13 allegations of bribery and eight allegations of treating were found against the respondent Fiugalu Eteuati Eteuati); Falealili Nu. 2 (where both the petitioner, Velataloola Fuimaono Lotomua Avauli, and the respondent, Fuimaono Te’o Samuelu Atiifale, were found guilty of committing the corrupt practices of bribery and treating); and Sagaga Nu. 2 (where both the petitioner Maualaivao Patelesio Ah Him, and the respondent, Seiuli Ueligitone Seiuli, were both found guilty of 10 and 13 counts of bribery, respectively, and 1 and 2 counts of treating).

As for seven out of the 11 trials that went to Court, in six of them the electoral petitions and counter petitions were dismissed due to the allegations not being proven, while for the other  trial the petition was dismissed but the counter petition was proved.

The Chief Justice then moved to the 17 cases that were withdrawn, saying out of the withdrawals three involved the respondent or the winner of the constituency resigning his or her seat, as a condition of the withdrawing.

However, His Honor noted that two of these respondents will not contest the by-election, though one of them intends to resign and run in the by-election.

“We have referred this person to the Speaker for his further consideration as the Justices allocated to hear the case were not able to report to the Speaker that the withdrawal did not involve a corrupt arrangement,” he added.

His Honor's official advise to the Parliament Speaker of the conclusion of the electoral petitions and counter petitions kicks start the process to prepare for the by-elections. The Speaker will then notify the Office of the Electoral Commission of the need for by-elections.

By Joyetter Feagaimaali'i 05 September 2021, 11:00PM
Samoa Observer

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