Counsels differ on settlement paths for former AGs unlawful dismissal claim

By Lagi Keresoma

APIA, SAMOA – 27 JUNE 2022: The counsels representing Prime Minister Fiame Naomi Mataafa and the former Attorney General Savalenoa Mareva Betham-Annandale have different opinions on how the legal matter between the parties should be resolved.

Counsel for Fiame, Taulapapa Brenda Heather-Latu opted for a Judicial Settlement under the Judiciary Review Proceedings, while Dr. Harrison for Savalenoa preferred mediation.

Savalenoa is claiming damages of $650,000 for her unlawful dismissal from office in September 2021.

There is also an argument on whether the two proceedings should be heard together or separately.

Taulapapa said the matter would be suitably dealt with in a Judicial Settlement and not mediation.

Dr. Harrison however sought mediation and had the Judicial Settlement as an alternative.

Presiding Judge, Justice Leiataualesa Daryl Clarke informed both counsels that one or the other form of solution should be undertaken.

Dr. Harrison reminded the Court that a constructive approach on the two proceedings was already approved in the last mention on 30 May 2022 and that he was surprised that a suggestion had been made if there was a need for a constructive approach to be taken.

He said the first proceedings are extremely large and they will be seeking discovery in the actual proceedings.

“We are seeking mediation, Judicial Settlement as an alternative, timetabling and defence affidavits within 3 weeks,” said Dr. Harrison.

Taulapapa in response said the approach they took which Dr. Harrison alluded to was done before their statement of defence was filed and that they have a different view now.

“That view is that both proceedings are predication on whether or not there is legal authority to dismiss a constitutional onslaught, and that is the preliminary matter at the core of the Judicial Review,” said Taulapapa.

She also pointed out that the Applicant’s claim seriously wills malice retaliations, discrimination and conspiracy intention.

Justice Clarke after hearing both sides directed the defence counsel to file a formal application for a Judicial Review so as to give time to the Applicant to respond before his ruling.

He also asked both counsels to sort out any other preliminary matters such as discovery of documents between now and 5 September 2022 when the matter is recalled.