Court
Two Lawyers opt to save Profession over Parliamentary Seat
APIA, SAMOA – 29 JUNE 2021: Two lawyers who won seats in the 9 April general election have settled to resign their seats and withdraw the election petitions alleging bribery and treating against them in court.
Woman parliamentarian, Leota Tima Leavai of Falealupo and Tuisa Tasi Patea of Sagaga No 4, both Members of the Human Rights Protection Party, agreed to the settlement in court today.
Although both parties agreed for the details to be confidential, Tuisa and petitioner against Leota, Fuiono Denina Crichton informed the tapuaiga of their districts who had been waiting for over three hours outside Court.
The lawyers’ decisions to resign are seen as a move not to risk losing their legal profession should they be convicted if the cases proceed.
The negotiation
Tuisa’s case was called yesterday but was adjourned so the parties could seek settlement. However, when the matter was recalled at 9.00 this morning, the parties asked for more time as they had not reached an agreement.
After 3 hours of negotiations, counsels for the petitioner Tagaloatele Poloa informed the Court that an agreement had been reached and applied to withdraw the petition.
Counsel for Tuisa, Afa Lesa also withdrew the counter petition.
Outside the court room, members of the Sagaga No 4 district waited for the outcome and Tuisa explained to them part of the agreement.
The petitioner Tagaloatele Papalii Poloa agreed to withdraw the petition only if Tuisa resigned as an MP and go back to a by-election.
Tuisa conceded and the matter will be recalled on Monday next week.
The same deal was also handed down by the petitioner Fuiono Denina Crichton on Leota Tima Leavai.
The matter was called at 10:00 am, and the parties only reached an agreement at around 2:45 pm.
Again like Tuisa, Fuiono told the Falealupo tapuaiga of the agreement.
“Leota has conceded to resign and she will not run in the by-election,” Fuiono explained.
There are still some issues that need to be ironed out before counsels for both parties advertise the withdrawal.
The matter will be recalled on Friday to confirm if it had been advertised.
Presiding judges for both cases were the Chief Justice, Satiu Simativa Perese, Justice Fepuleai Ameperosa Roma, Justice Vui Clarence Nelson and Justice Tafaoimalo Leilani Tuala-Warren.
Counsels for FAST are Tanya Toailoa, Fetu Lagaaia, Alex Su’a and Natasha Schuster.
Counsels for HRPP are Aumua Ming Leung Wai, Annie Matalasi and Afa Lesa.