Court Declines AG’s Application to Further Delay FAST’s Challenge Hearing

Samoa’s Courts and Justice Administration, Mulinu’u.

By Lagi Keresoma

APIA, SAMOA – 12 MAY 2021: His Honour the Chief Justice, Satiu Simativa Perese has declined an application by the Attorney General to postpone the hearing of the Fa’atuaua ile Atua Samoa ua Tasi – FAST party challenge on the Head of State’s order to void the result of the last general election and call new elections.

The hearing was set last week for tomorrow – Thursday13 May however, the Attorney General’s application heard by a panel of three Judges this morning requested to change the hearing date further.

“We do not accept that this matter be delayed to Monday 17 May. It may well suit the first, second and third respondents, but this is a matter of national importance,” said His Honour Satiu.

He informed counsels that the country is due to go into elections with pre-polling on Wednesday 19 and the main election on 21 May 2021.

“We do not accept delaying this matter to the 17 May in order to accommodate counsels, and the hearing is set down for Friday 14 May,” ruled His Honour.

The parties to the matter are FAST & Fiamē Naomi Mata’afa & Others represented by former Attorney General Taulapapa Brenda Heather and Matafeo George Latu as the applicants. The Attorney General’s office and the Office of the Electoral Commission (OEC) as the first and second respondents; and the Human Rights Protection Party (HRPP) represented by another former Attorney General Aumua Ming Leung Wai as the third respondent.

Queens Counsel unavailability
Chief Justice Satiu informed the Attorney General’s counsel Fuimaono Sefo Ainuu of the priority given to the matter and cannot be delayed any longer.

The Attorney General’s counsel, Fuimaono Sefo Ainu’u.

Fuimaono told the Court that the QC they engaged was currently involved in another matter and can only be available next week then presented a timetable for the Court to consider.

The Chief Justice intervened and informed Fuimaono to advise the QC that they may have rights in New Zealand but not in Samoa.

Fuimaono said they had only advised the QC in the weekend, but CJ Satiu again intervened.

“You should have asked whether or not the counsel was available to even appear this week. This week has already foreshadowed as the hearing was for Thursday,” said His Honour Satiu.

When the matter was first mentioned last Friday, Fuimaono informed the Court of the Attorney General’s intention to engage a QC to represent their office and the Office of the Electoral Commission. The Chief Justice informed him then to notify the Court if there was difficulty in engaging a QC.

Fuimaono continued to push for Monday and the Court’s indulgence.

“Your suggestion is that the Court sits on Monday, and brings together a decision on Tuesday and the pre-polling happens on Wednesday. Do you see how difficult that position is?” asked the Chief Justice.

He re-emphasized the importance of dealing with the matter sooner.

Fuimaono noted that the FAST counsel Taulapapa had already filed their submission yesterday and asked to give them Friday to file their response, but the Court gave them 3.00pm today to file their response.

HRPP counsel support AG’s motion
Counsel for the third respondent Aumua said the issues are very complex and very important and agreed with the AG for more time to research the issues and they should not rush the submissions for the Court.

“The applicants – FAST have brought this matter to Court and it is for them to provide their submissions as to what the issues really are before we the respondents file our submissions,” said Aumua.

He said it was not appropriate for the applicants to give out defences first then provide the submission “and that’s why we support the Attorney General’s request.”

“I also support the hearing on Monday and I believe with the calibre of the bench, you’ll be able to come up with a decision before Wednesday,” said Aumua.

CJ Satiu:  “Have you received the amended notice of motion filed by Ms. Heather Latu?”

Aumua: “Yes Your Honour.”

CJ Satiu: “Explain to me then why you need more detail from that because counsel has set down a summary of this challenge on paragraph 2,3, 4,….”

“The suggestion that you don’t know what the case is could not be right because it’s set down here in the notice,” said the Chief Justice.

Aumua has already filed a response to the Applicants submission.

Attorney General unsure whether to join the hearing or not
The Chief Justice held up a letter from the Attorney General, Savaleanoa Mareva Betham-Annandale informing the Court that she was not sure whether to be part of the hearing.

“She should provide a proper application to the Court together with reasons why, rather than sending the Court a letter simply saying “I am not sure whether I should be joining or not,” said is Honour.

“This is a serious issue,” he said and Fuimaono apologised on behalf of the Attorney General.