Court
No Settlement in former EPC Board vs Regulator defamation matter
By Lagi Keresoma/
Apia, Samoa – 22 July 2024 – There is no settlement reached in the legal matter between the former Electric Power Corporation Board and the Regulator Lematua Gisa Fuatai Purcell.
The parties did not come to a settlement after a recall for mediation last week.
The former EPC Board lodged a lawsuit against the Regulator (First Respondent) and Samoa Observer Newspaper (Second Respondent) on defamation claims.
Background
On 15th December 2022, the Regulator wrote to the Minister of Communications, Information & Technology Toelupe Poumulinuku Onesemo informing him of the unlawful action taken by the EPC Board then and the former Cabinet.
In the same letter, she recommended “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 Regulator’s letter was published by the Samoa Observer hence them being a party to the lawsuit.
In April 2023, then EPC Board Chairman Pepe Christian Fruean demanded an apology from the Regulator which she never gave.
In November 2023, the legal battle between the parties started with the strike out motion by the Regulator’s counsel, Leota Tima Leavai that the Regulator’s inclusion in the defamation proceeding was not justified.
In April 2024, the Court dismissed the strike out motion and the matter proceeded to a full hearing.
The matter was recalled last Wednesday but instead of a hearing, the parties went into mediation.
Outside Court, Counsel Leota Tima Leavai told the media “no settlement yet”.