The Supreme Court has opted not to penalise politicians Tuilaepa Dr. Sailele Malielegaoi and Lealailepule Rimoni Aiafi, and lawyer Maiava Visekota Peteru after it found them guilty of scandalising the Court.

The Court, which was presided over by a panel of overseas Justices, ruled there will be no penalty against the Human Rights Protection Party (H.R.P.P.) leader and party secretary and the lawyer due to a “harmony agreement” between the parties.

Previous attempts by the Fa'atuatua i le Atua Samoa ua Tasi (F.A.S.T.)–led Government to withdraw the proceedings against its rival party was rejected by presiding Justice Robert Fisher and Justice Raynor Asher.

“We were urged to discontinue these proceedings to allow Samoa to move on,” said the Court in its 39 pages long decision. 

“Although we did not think it right to accept the discontinuance, we have listened to the wishes of  the parties and imposed no penalties.” 

The Court noted that the proceeding is about the rule of law in Samoa and contempt of Court is an important aspect of the rule of law. 

Last April’s 2021 General Election was followed by a period of political turmoil, with the Courts intervening following applications by the F.A.S.T. party, questioning the legality of decisions made by the then H.R.P.P. Caretaker Administration.

The Court pointed out the legal position was that the current Prime Minister, Fiame Naomi Mata’afa and the F.A.S.T. party had won the election. 

“The former Prime Minister and H.R.R.P. could not accept that,” the Court decision stated. “They publicly denigrated the Judges and declined to follow their decisions.

“By rejecting the Judges, they invited legal anarchy. 

“The root of the problem was rejection of judicial decisions. 

The rejection of judicial decisions was the basis for these contempt proceedings against the eight respondents thought to be responsible.”

Others who were cited but have been acquitted by the Court include the H.R.P.P. deputy leader, Lauofo Fonotoe Lauofo, broadcaster Taulealeausumai Sioeli Alofaifo, former Attorney General, Savalenoa Mareva Betham-Annandale, former Clerk of the House, Tiatia Graeme Tualaulelei and former Speaker of the House, Leaupepe Toleafoa Faafisi.  

The Court said some of the respondents were guilty of the gravest possible examples of contempt of Court. 

In relation to Tuilaepa, the Court said he embarked on a sustained campaign to vilify the Judges. 

“For several anxious months Samoa’s proud history of stability was under threat,” the Court noted in its judgement. “Even now the conflicts linger.

“We  accept the evidence before us that there has been a lasting decline in respect for the law and the Courts in some quarters. 

“That is the sorry legacy left by a formerly great leader.”  

The Court pointed out it might have called for the imprisonment of Tuilaepa but there were considerations that allowed the bench to avoid that result. It noted Tuilaepa’s long and distinguished service to Samoa which he is entitled to be credited for.

“It was only for a  short period that he fell from grace,” the Court added. “Secondly, he has expressed regret for his conduct, unreservedly withdrawn the shameful things he said, apologised and accepted that maintenance of public confidence in the judiciary and the Courts of Samoa is fundamental. 

“Thirdly there is the Harmony Agreement…” 

In relation to the H.R.P.P. secretary Leala, the Court said his public statements were even more inflammatory than Tuilaepa. 

“Over a  sustained period he described the Courts’ decisions as a ‘judiciary coup’, made personal and insulting allegations about the Chief Justice…”

“He organised a march at which banners to similar effect were displayed. 

“These were repeated and serious contempts designed to persuade others to defy the Courts.

“In his affidavit he sought to justify the statements he had made denigrating Judges.

“He expressed no regret for having made them. Intentionally or otherwise, the affidavit demonstrates that he still lacked understanding of the harm he had done to the social fabric of Samoa. 

“He still failed to appreciate the anarchy that would have followed if others had continued to do what he urged.” 

The Court also noted that Leala’s attitude towards the Court was dramatically reversed later before the trial was due to begin. This followed a statement he filed and apologised for scandalising the Court. 

Turning to Maiava, who is a lawyer by profession, the Court said she has “brought dishonour to her profession”. 

The Court said a penalty would have been appropriate for her but the Harmony Agreement has avoided that. 

According to the Court’s judgement, the agreement was in fact no more than a proposal which was never adopted by the Court. 

However, the Court has attached great significance to the views expressed in it by the current Prime Minister and the F.A.S.T. party. 

“They feel strongly that it is time for Samoa to put these election arguments behind them,” the Court said. “That would allow Samoa to unite in addressing greater challenges that lie ahead such as Covid and climate change. 

“To that end they were prepared to discontinue the contempt proceedings altogether.

“If we had accepted the discontinuance it would have left the respondents without penalty.” 

The Court said it accepts that the Government elected by the people knows what is best for the country.   

“Although it is important to publicly record and condemn these contempt of court, we see no  need to go further,” it concluded. “The precedent now stands. It should now be plain how the Court would deal with repetitions. 

“On this occasion penalties would simply inflame disruptions and conflicts that have done  enough harm already. 

“The current Prime Minister and F.A.S.T. party are anxious to put them to bed. It is not our place to disagree.”