Witness could not remember the colour of the $50 tala note

The petitioner, former Cabinet Minister Gatoloaifaana Amataga Gidlow and the witness Fataloto Fealoa’i Fataloto who struggled to remember the colour of the $50 tala note.

By Lagi Keresoma

APIA, SAMOA – 08 JUNE 2021: The first witness in the election petition against Faasaleleaga No.2. Member of Parliament, Magele Sekati Fiaui, has claimed that he was given ST$50 by the respondent but struggled to remember the colour of the $50 tala note.

Fataloto Fealoa’i Fataloto testified yesterday to support allegations of bribery, treating and illegal practises during the April general election against Magele.

The allegations were brought by the former Cabinet Minister Gatoloaifaana Amataga Gidlow who lost the seat to Magele.

In response to the petitioners lawyer, Leiataualesā Jerry Brunt’s questions, Fataloto said Magele gave him $T$50, but when asked about the colour of the $50 talā note, he struggled to remember the colour.

Leiataualesā assisted by reminding the witness of different colours of various tala notes such as yellow, purple or green, but Fataloto could not make up his mind before settling on “maybe”.

Lawyer for Magele, Alex Su’a followed up on the colour of the $50 talā note.

Su’a asked Fataloto if he had problems remembering things, to which Fataloto said “little things but not money.”

“Yet you do not know the colour of the $50 talā note,” Su’a pushed on.

Fataloto testified that a few weeks before the general election, he and another man Lealiie’e Toaga were doing ground work when they ran out of benzene and oil for their chainsaw.

“I went to Lealie’es house to get more oil and I met Magele and his mother Tamaloto who asked me to remember his son (Magele) when election comes,” said Fataloto.

He responded by telling Tamaloto “not to worry but to leave it with him.”

He also said it was there that Magele gave him the ST$50 talā note.

Su’a put it to Fataloto that there would be witnesses who would testify that it was not Magele that gave him the money but Tamaloto.

Fataloto insisted that it was Magele.

Two other witnesses took the stand yesterday with 3 more to testify today before the respondent has his turn to counter the allegations.

Adjournment denied
Prior to the hearing, Leiataualesa applied to the Court to adjourn the matter for another week to await the outcome of negotiations between the leaders of HRPP and FAST.

He said that whatever outcome of the negotiations, there could be a chance for petitions to be withdrawn.

Su’a opposed the application and reminded the Court that politics should never be used to undermine the work of the Court.

This is a matter of public interest and under the Electoral Act, petitions should be dealt with urgently and not wait until any negotiations is done, said Su’a.

He also reminded the Court that it was Gatoloaifaana who brought the allegations and she should ready to proceed.

The Court agreed with Su’a and denied the application.