Convicted HRPP Secretary said he wasn’t given chance to defend himself in Court

By Lagi Keresoma

APIA, SAMOA – 25 MARCH 2022: The Human Rights Protection Party (HRPP) Secretary Lealailepule Rimoni Aiafi, convicted for contempt of court, said they were not given an opportunity to defend themselves against the contempt charges against them.

However, the Court’s decision that referred to him as the fifth respondent said, “In his subsequent statement annexed as Appendix F, the fifth respondent does not seek to defend these statements or suggest there was any truth in them. He unreservedly withdraws them.”

Lealailepule was among eight charged for contempt and he was convicted with the former Prime Minster and HRPP Leader, Tuilaepa Sailele Malielegaoi, and lawyer Maiava Visekota Peteru.

Five other respondents who were found not guilty, included the former Speaker, Leaupepe Toleafoa Faafisi; former Clerk of the Legislative Assembly, Tiatia Graeme Tualaulelei; former Attorney General, Savalenoa Mareva Betham-Annandale; HRPP Deputy leader Lauofo Nuafesili Pierre Lauofo and radio broadcaster Tologataua Sioeli Alofaifo.

Lealailepule insisted in a press conference yesterday that there was no court case – “e le’i faia se faamasinoga.”

However, the hearing for the contempt case was via zoom 28 February 2022 where Lealailepule was present in court and Tuilaepa joined in from Auckland where he is for medical observation.

The decision by Justice Fisher and Justice Asher delivered Wednesday set no penalties for them and the Harmony Agreement save the fifth respondent from a major penalty.

Not concerned over losing parliamentary seat
When asked if he was concerned about losing his parliamentary seat now that the Court found him and Tuilaepa guilty, he said ”no”.

“The Court has set a precedent with this case to move forward and not look back to what happened in the past,” he said.

He also admitted that they have apologized and is time to move on.

Maiava also reiterated the importance of moving forward and let by-gones be by-gones.

“It is not easy but I’m grateful for the decision and it’s time to move on,” she said during a press conference yesterday,

Following is the Court decision on Lealailepule

The fifth respondent

[109] The fifth respondent is the Secretary of HRPP and a Member of Parliament. Although lacking the authority of the first respondent, his public statements were even more inflammatory. Over a sustained period he described the Courts’ decisions as a “judiciary coup”, made personal and insulting allegations about the Chief Justice, said that the Chief Justice should be afraid because he had done crooked things, said that three of the Judges were “cursed”, implied that the Judges were guilty of treason and said that the Chief Justice was “coming to kill us”. He organised a march at which banners to similar effect were displayed. These were repeated and serious contempts designed to persuade others to defy the Courts.

[110] Aggravating the fifth respondent’s contempts was the affidavit he swore as recently as 19 January 2022. In his affidavit he sought to justify the statements he had made denigrating Judges. He expressed no regret for having made them. Intentionally or otherwise, the affidavit demonstrates that he still 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.

[111] Fortunately the fifth respondent’s attitude towards the Courts was dramatically reversed eight days before the trial was due to begin. He filed the statement at Appendix F to this judgment. In the statement he completely withdrew any suggestion that the judges were biased or corrupt, withdrew any suggestion that there had been any inappropriate link between the FAST party and a Judge, unreservedly apologised to the Court, accepted that the statements he had made could have harmed public confidence in the judiciary and the Courts, and acknowledged that public confidence underpinned Samoa’s existence as a democratic country under the rule of law. Only that statement, his distinguished service to Samoa, and the Harmony Agreement we will come to in a moment, save the fifth respondent from a major penalty.