La’auli questions the independence of the Attorney General’s Office

“It is interesting that they have made a decision to comment only against myself but not in relation to the conduct of the Prime Minister in discussing a case in public when it is not completed.”

APIA, 21 JUNE 2020: Former Speaker La’aulialemalietoa Leuatea Polata’ivao has questioned the independence of the Office of the Attorney General over comments made by the Prime Minister in the media on a court case La’auli is involved in.

In a press statement in the weekend, La’auli said “the Prime Minister has made some inappropriate references regarding a court case against myself and others that is currently and yet to be completed.”

“The justice system is supposed to be that a person charged is innocent until proven guilty, however, the Honourable Prime Minister appears to already find me guilty and wanting the public to find me guilty based on his public comments when the case is not yet completed,” he said.

The Prime Minister made the comments referring to the court case in an interview on TV3 on 4 June. La’auli responded in a subsequent programme of 11 June. However TV3 removed La’auli’s interview two days later and the Prime Minister continued to discuss the court case in last weeks’ (18 June) programme.

Press Statement by the Attorney Generals Office
On 18 June, the Attorney General’s office issued a press statement explaining the Offices independence in response to La’auli’s interview. The statement referred to the Offices decision to prosecute La’auli despite the desire by the complainant to withdraw his complaint. “This was done in accordance with the guidelines, free of any pressure, and it satisfies the test set out above.

“The power to institute, conduct or discontinue any criminal proceedings is vested only in the Attorney General and his or her legal staff pursuant to Article 41 of the Constitution and sections 5(2)(iv)(b) and 7(1)(2) of the Attorney General’s Office Act 2013.

“In carrying out the power under the said provisions, the Attorney General is independent and is not subject to any direction from any other person except a direction of a Court.”

La’auli however questions why the Prime Minister continues to bring up the court case in public “unless he is trying to use his position and his publication in public to influence the case and the decision that is yet to be completed.

“In my humble opinion this is very inappropriate conduct by the Honourable Prime Minister and an abuse of his position.

“In any event, I have been advised by my lawyers that I cannot comment on my case until it is fully completed. I therefore will await the completion of my case.

In relation to the press release by the Office of Attorney General regarding their independence in the process used to make a decision to prosecute, I only have this to comment at this stage.

“It is interesting that they have made a decision to comment only against myself but not in relation to the conduct of the Prime Minister in discussing a case in public when it is not completed.”