Counter petition asks Court to Declare & Report the outcome on Corrupt Practices to Parliament

By Lagi Keresoma

APIA, SAMOA – 30 MARCH 2023: The counter petition filed by the Vaimauga No 3 Member of Parliament, Lautimuia Uelese Vaai is asking the Court to “declare and report to Parliament” the outcome of the case against MP Lealailepule Rimoni Aiafi’s alleged corrupt practices during the constituency’s by-election last month.

Lautimuia’s counter petition was filed 21 March 2023 against the petition by the unsuccessful HRPP candidate, Samau Leatigagaeono Timani alleging malpractices against the MP.

The counter petition also names Lealailepule, the MP for Faleata No 3 and former MP Fuimaono Te’o, both accused of bribery in the lad up to the by-election last month.

Counsel Laga’aia Fetu Iupati for Lautimuia asked the Court to exercise its authority with regards to their claim to report to Parliament the outcome of the case pertaining to Lealailepule.

Laga’aia believes the argument from Samau’s counsel, Fuimaono Sefo Ainuu appeared that they do not want the outcome of the case, specifically on Lealailepule to be reported to Parliament.

Laga’aia then referred to the Electoral Act 2019 Section 122-Certificate of Court as to Corrupt or Illegal Practice where:

“In an election petition a charge is made of a corrupt or illegal practice being committed at the election, the Court, in addition to giving a certificate shall at the same time, report in writing to the Speaker as follows.”

Section 122 (a) The nature of corrupt or illegal practice,

Section 122 (c) whether the corrupt or illegal practice has or has not been committed with the knowledge and consent of a candidate at the election;

Counsel also pointed out Section 122 (e) where it says the Act not only refers to a candidate but any persons, and Lealailepule being an MP, the Court should declare and report the outcome to Parliament.

Section 122 (e) “where the names of all persons proven at the trial to have been guilty of a corrupt or illegal practice and whether they have received certificates of indemnity under section 127.”

Application for Lealailepule to leave jurisdiction
Fuimaono sought the Courts permission for Lealailepule to leave jurisdiction and to give evidence via a zoom link from abroad.

Laga’aia opposed the application and Justice Leiataualesa Daryl Clarke set Monday next week to hear the application.

Fuimaono also verbally asked for a Court directive to the village of Magiagi not to interfere with witnesses, however, he was told to submit a proper application.

Justice Clarke also reminded both sides that interfering with witnesses “is taking a big risk.”

Bribery and Treating Allegations
Lealailepule is accused of giving $100 cash on 20 February 2023 to Laloata Baker and $100 to Masaga Kennach at Vaivase-uta with the intention to get the voters to vote for Samau.

Fuimaono is accused of giving Pio Tuaimalo a voter of Vaimauga No 3 $500 with the intention to bribe the voter to vote for Samau. This happened at the HRPP headquarters at Petesa on 2 February 2023.

They also gave the Vaimauga No3 voters on the same day and place, food and drinks for the same purpose of enticing the voters.

Lautimuia opposes all allegations against him and asked the Court to:

• Dismiss Samau’s petition,

• Samau to be declared and reported as having committed corrupt practices,

• Samau be disqualified from contesting in any ensuing by-election,

• Lealailepule, an MP to be declared and reported as having committed a corrupt practice.

The petition is scheduled for hearing on 18 April 2023.