Senior Lawyer Maiava Visekota Peteru Under Investigation Again

By Lagi Keresoma

APIA, SAMOA – 04 JULY 2022: Senior lawyer Maiava Visekota Peteru is under investigation again, this time by a seven member committee of the Samoa Law Society after she was found guilty of Contempt of Court by New Zealand Judges, Honourable Justice Fisher and Justice Asher on 23 March 2022.

The Law Society’s Acting President, Alex Su’a confirmed that the investigation is based on a complaint by the Society.

He said it is a normal process taken after any complaint is filed against a member of the Society is to follow its regulatory framework.

Asked when the Society expects the outcome of the investigation, he said there is no timeframe set for the investigation but when the committee is ready to submit their report.

He also declined to identify the committee members.

Maiava was the sixth defendant in the Contempt of Court proceedings filed by Prime Minister Fiame Naomi Mataafa and the Faatuatua ile Atua Samoa ua Tasi-FAST party.

The Contempt of Court case against Maiava stemmed from public comments she made against the Judiciary, and she admitted making the statements on TV1 and other media platforms in her affidavit.

The case was heard in February 2022 and the judgement delivered on 23 March 2022.

Dishonour to the profession
In passing judgement, the Court noted that Maiava is a solicitor of the Court.

“We have found the sixth respondent guilty of Contempt of Court. She has brought dishonour to her profession. A penalty would have been appropriate but for the Harmony Agreement…”said the Court.

The Court proceedings referred to an interview broadcast on television and radio where Maiava described the Courts’ decisions as “dishonest and that the current Prime Minister was bold because she had the Judiciary.”

The Court also stated that the scale of her contempt is not comparable to that of her co-defendants, former Prime Minister Tuilaepa Sailele Malielegaoi and MP Lealailepule Rimoni Aiafi who were also found guilty of contempt.

“On the other hand, her views carried the extra weight expected of a lawyer and as an officer of the Supreme Court she ought to have known better,” said the Court decision.

Maiava through her counsel apologised and that her comments would be retracted, however, the Court was not impressed by the conditional retraction and apology.

This is the second time Maiava is under investigation according to Alex Su’a.

The first investigation was based on her professional conduct after several public complaints against her.

After the Law Society’s Disciplinary and Tribunal investigation, she was suspended and had to undergo training before her legal practise license was re-issued last year.