GUILTY OF CONTEMPT: Tuilaepa, Lealailepule & Maiava

By Staff Reporters

APIA, SAMOA – 23 MARCH 2022:  Samoa’s longest serving Prime Minister, Tuilaepa Sailele Malielegaoi, Member of Parliament and HRPP Secretary, Lealailepule Rimoni Aiafi and lawyer Maiava Visekota Peteru have been found guilty of contempt by scandalizing the court.

The court finds all the other defendants not guilty but considers that they all came very close to being guilty and has published all their statements apologizing to the Court as Appendices to the Judgment and thus clearly confirming that they were subject to examination by the Court;

The court ruling (See LINK Below) has just been received and in summary:

In respect of Tuilaepa, the Court decision [para 57 -70] considers his statements to have undermined public confidence in the independence, integrity and impartiality of the judiciary and undermined the authority of judges and undermined the rule of law and is guilty of contempt for scandalizing the Court but not guilty of contempt by obstruction on a technicality as the orders made by the Court were not coercive  but he knew perfectly well that his actions were contrary to the decisions and that by defying the Court orders he successfully persuaded others to follow him in doing so.

In respect of Lealailepule, [para 85 – 90] he did not deny making the statements but set out to justify them and showed no recognition of the need to abide by the Courts decisions and plainly express contempt for the Court and is guilty of contempt by scandalizing the Court;

In respect of Maiava [para 91-94] she doesn’t challenge the evidence provided which express contempt for the Court by suggesting collusion between FAST and the Courts and is guilty of contempt by scandalizing the Court.

PENALITIES
In the spirit of the Agreement made between the parties because of the apologies and statements made by all the respondents there is no further penalty for those convicted although the comments made in the decision about them are serious i.e. Tuilaepa [para 106 – 108] …”in other circumstances the first respondents actions might have called for imprisonment” but for 3 considerations : his long and distinguished service, his expression of regret and the harmony Agreement between the parties not accepted for discontinuance by the Court.

Lealailepule [para 109-111] …”he lacked understanding of the harm he had done to the social fabric of Samoa. He still failed to appreciate the anarchy that would have followed if others had continued to do what he urged”…his attitude dramatically reversed eight days before the hearing …in which he unreservedly apologized to the Courts…”

Maiava [para 112 -114] “As an officer of the Court she should have known better….She has brought dishonour to her profession..”

Whilst the rest have been found not guilty, their  attached statements apologizing and withdrawing the comments they made remain part of the Court decision and how close they came to conviction in most cases, but for the contents of their public statements which will be in the public domain for ever more.

The convictions raise potential issues for the two MP’s and their tenure in parliament, and also Maiava and her membership of the Samoa Law Society.

Talamua will have a follow up detailed report on the case and the court decision.

COURT DECISION HERE: JUDGMENT FAST etc v TUILEPA etc_Misc 142-21