Respondents Should Appear in Person in Contempt Matter – Counsel Argue

By Lagi Keresoma

APIA, SAMOA -15 JUNE 2021: The non-appearance of three of the respondents in a contempt of court mention yesterday, prompted the Faatuatua  I le Atua Samoa ua Tasi (FAST) party counsel, Matafeo George Latu to inform the Court that the respondents should have appeared in person and not lawyers on their behalf.

The respondents are the Caretaker Prime Minister, Tuilaepa Lupesoliai Sailele Malielegaoi, the Attorney General, Savalenoa Mareva Betham-Annandale and former Parliament Speaker Leaupepe Toleafoa Faafisi.

The fourth respondent Tiatia Gramme Tualaulelei, the Clerk of the Legislative Assembly was the only one who appeared in person.

Matafeo said for a quasi-criminal matter of contempt of court, it has been the usual practice that all respondents appear in person just like in the criminal matters.

Counsel for the Attorney General and Caretaker Prime Minister Dr. Harrison disagreed.

“This is a civil contempt and I do not accept that all respondents should be necessarily present at this stage,” he said.

He also raised the issue of all judges who have dealt with issues relating to this matter before whether they should preside over this matter or not.

Counsel for Leaupepe Toleafoa Faafisi, Ruby Drake informed the Court that the non-appearance of her client was due to the Court house elevator not working.

Her client is wheelchair bound and cannot walk the stairs, so she advised him that she would appear on his behalf and relay his apologies to the Court.

“It was not out of disrespect Your Honour,” said Drake.

The Court understood her clients’ dilemma.

Tiatia’s counsel, Sonny Chan Chui supported Matafeo’s stance that the matter is a quasi-criminal contempt hence his suggestion to his client to appear in person.

His Honour Chief Justice Satiu Simativa Perese excused the non-appearance of the three respondents and will rule on it at the next mention.

The matter is adjourned to the 28 June 2021 for the respondents to file their responses.