Court
Perkins convicted for uttering insulting words but sentence suspended
By Lagi Keresoma
Apia, Samoa – 21 September 2023: An American based Samoan woman, Tuifaasisina Perkins Feagia’i was convicted yesterday of uttering insulting words against Prime Minister Fiame Naomi Mataafa, Cabinet Ministers and the Faatuatua I le Atua Samoa ua Tasi – FAST party.
Tuifaasisina is convicted with a suspended sentence for 3 months, but if she reoffends within that time frame, the suspended sentence will then be activated and so will new charges.
Presiding District Court Judge Alalatoa Rosella Papalii ordered her not to make any more posts against the complainants.
The maximum penalty for insulting words is 3 months prison term or a fine of $200 tala.
Tuifaasisina was originally charged with defamatory and electronic harassment, however, as the case progressed, the charges were reduced to a lesser charge of uttering insulting words.
Crossing the boundaries of freedom of expression
In her ruling, Judge Alalatoa Rosella Papalii said under the Constitution, there is a provision on Freedom of Expression which everyone is entitled to and Tuifaasisina noted in her affidavit that she values her freedom of expression.
She pointed out that it may work in America under the 5th Amendment, but not in Samoa.
She said the words uttered by the defendant were very serious and could cause concern or public disorder.
“We are talking about online abuse and FAST supporters reacted adversely against it and called for you to be brought to justice and if that is not public disorder then I don’t know what is.”
Prosecution call for a custodial sentence
The Prosecution used the King Faipopo case as a benchmark for their argument and asked the Court for a custodian sentence on Tuifaasisina.
King Faipopo or Malele Paulo served time in prison for defamatory comments made against former Prime Minister Tuilaepa Sailele Malielegaoi.
Judge Papalii said the King Faipopo case was about the assassination of a character and was tried as a “criminal libel” case while Tuifaasisina is being charged with a lesser charge of “uttering insulting words”.
Tuifaasisina filed an application for a discharge without conviction which Prosecution opposed.
Judge Papali’i also denied Tuifaasisina’s application and went ahead to convict her.
“This Court does not condone this kind of conduct,” the Judge said.
Gravity of the offence
Judge Papalii noted several factors of practice in the defendant’s action and the imprisonment term indicates that Parliament as the lawmakers, considered the offense serious.
She pointed out that this was not the only factor to consider the gravity of the offence because the Court usually looks beyond the severity of the case and considers all elements of it.
She said the posts were posted on Perkin Tauvao’s page and the Court had already determined Perkins as the person who owns the account.
“If it was private, there would not be any harm but its visibility to other members of the public including supporters of the victim who understandably reacted adversely.
“The posts were deliberate and premeditated amplifying defense, you have full control of the page and dictated the content of materials at all times and this includes acceptance and adding on your timeline information of attack,” said Judge Alalatoa Rosella Papalii.“The pages have been deactivated and no one knows when that happened, but prior to the deactivation of pages, that was the case for the world to see the posts,” she said.
There was a particular post Perkins posted on the Faumuina family which Judge Papalii referenced.
“The contents of the posts were insulting, inflammatory, abusive, threatening and calculated to injure the victim and family,” she said.
She said the reference to the deceased’s family is nothing more than below the belt.
“You insulted the Faumuina family and by doing so, you tarnished their memories,” said Judge Papalii.
“It shows the level of your discontentment to the ruling party and you even stood low to crap the full names of the deceased parents by making unfounded accusations in effect to the Faumuina family,” said Judge Papalii.
“Your actions can only be described as inviting victims to cause public rift.”
She said that there is nothing wrong about affiliating with any political party and nothing wrong with voicing one’s political opinion.
“But when you say things to tarnish another person’s character then that is wrong.”
Cyber bullying & keyboard warriors
The internet is a powerful tool and so is social media. They are good, bad and ugly.
“If the Court sends out a light sentence, that is only a slap on the wrist and will sweep the offense under the mat, then what kind of message would this Court be sending out?
“It would be an encouragement for those people overseas to easily attack others and those who politicised issues such as this to attack without any form of restraint,” said Judge Papalii
Mitigating factors
The Court noted the mitigating factors for Tuifaasisina which includes her character, her assistance with community affairs in Utah, her personal circumstances and that she complied with bail conditions and remained in Samoa to see this matter through.
She paid a fine of $10,000 to the Faala village as punishment for her actions against the Government was also a significant factor.
Tuifaasisina Perkins Feagia’i is convicted on one count of issuing insulting words and prohibited from posting anymore posts against the complainants.
