Former EPC Board Chairman & Regulator Case Proceed to a Hearing

By Lagi Keresoma/

Apia, SAMOA- 02 April 2024 – The case between the former Chairman of the Electric Power Corporation (EPC) and Regulator now proceeds to a full hearing after the Court dismissed the strike out motion by the Regulator.

The parties to the hearing are the former EPC Board Chairman, Fia’ailetoa Pepe Christian Fruean (Plaintiff), Nu’ulopa Hill, Vaai Simon Potoi, Fuimaono Beth Onesemo and Tuautu Ross Peters.

The defendants are the Regulator Lematua Gisa Fuatai Purcell (First Defendant) and Samoa Observer (Second Defendant).

The strike out motion was heard in November 2023 and the proceedings then focused on the Plaintiffs’ pleading claim against the First Defendant in defamation and for her to be a party to the hearing.

Background
The claim of defamation by the Plaintiff stemmed from the Regulator’s comments in her letter to the Minister of Communications, Information & Technology (MCIT) Toelupe Pou Onesemo on 15 December 2022.

She stated in her letter that the actions by the Chairman and Board of Directors of EPC and former Cabinet were unlawful.

“…E solitulafono uma nei mea sa fai e le Chairman of the Board of Directors of the EPC and former Cabinet…”

She also recommended a cause of action that should be taken against the Board.

“I recommend to review and replace the Chairman and Board of EPC. We need people who have regards to the Electricity Act 2010 of the Government and people who are passionate to ensure cost of living is affordable for the people of Samoa. E le manaomia nit (sic) tagata e le amanaia le Tulafono, e soli Tulafono.”

Part of the letter were published in an editorial in the Samoa Observer in February and March 2023.

On 17 March 2023, Pepe was advised that his directorship of the EPC would not be renewed.

He filed a civil claim against the Regulator and Samoa Observer which was countered with a strike out motion.

That strike out motion has been dismissed and the Regulator remains as a party to the civil claim brought by the Plaintiff against her and the Samoa Observer.

The court decision said:

• That I am not satisfied that the plaintiffs claim is so clearly untenable that it could not possibly succeed that it should be struck out. Accordingly, the first defendant’s motion to strike out the first-pleaded claim in defamation against the first defendant is dismissed.
• The striking out of the first defendant as a party to the proceeding is also dismissed,
• Costs reserved.