A court driver stops police from executing a court order

By Lagi Keresoma

Apia, Samoa – 30 October 2023: The Ministry of Justice is investigating how a court driver stopped a police sergeant from executing a court order on 18 October.

Police Sergeant, Loreta Satele was on her way to execute a court order to stop the burial on a family land west of Apia when a driver with the Ministry of Justice and Courts Administration (MJCA) called her up not to execute the order.

According to the police sergeant, the driver called saying for her to return and have the family proceed with the burial as they have filed a complaint with the court.

According to court records, the Court issued the stop order signed by the CEO, on 11 October 2023, to stop the burial of the deceased on the land. However, by 13 October, work was still progressing for the burial ceremony.

This prompted the complainant to ask for an urgent interim order to stop the work especially with the day of the burial drawing near.

The CEO wrote to police and informed them of the situation and gave them an interim order to be executed on the family of the deceased on that day.

He also asked police to charge those who ignored the first order for contempt of court.

The non-execution of the order prompted the family who opposed the burial to write to the Minister of Justice, Matamua Vasati Pulufana.

The Minister confirmed with Talamua the receipt of the letter of complaint and she was shocked by what happened, especially the drivers’ action.

The complainant wanted to know who has the authority to cancel such a court order.

Matamua said a court order can only be cancelled by a Judge or the Chief Executive Officer and as far as she understands this case, the order still stands.

She has instructed the CEO for a full report on the matter before taking the appropriate action.

The complainant has copied the Prime Minister, Deputy Prime Minister, Minister of Police and the Commissioner of Police in the letter of complaint.

The complainant believes the driver in question is related to the deceased’s family.