Attorney General clarifies separation of roles of Judiciary, Prosecution & Police

Apia, SAMOA – 27 March 2026: The Office of the Attorney General has reaffirmed the fundamental principles that underpin the administration of justice in Samoa.

In a media statement issued today, the Attorney General’s Office says, “At the heart of our legal system is the clear separation of roles between the institutions responsible for the investigation, prosecution, and adjudication of criminal matters.”

The statement follows ongoing legal developments after the court decision that declared void the parliamentary seat for Falealili 1 constituency on Tuesday this week.

“The decision whether or not to investigate or lay charges is a matter that falls within the independent discretion of investigative and prosecuting authorities. This function is exercised based on the evidence available and in accordance with established legal standards and prosecutorial guidelines.

“The role of the Judiciary, on the other hand, is to act as an independent and impartial arbiter, ensuring that proceedings before the Court are conducted fairly and in accordance with the law.”

Why This Distinction Matters
“Maintaining this separation is essential to:

• Safeguard the independence of prosecutorial decision-making
• Preserve the impartiality of the courts
• Uphold the right of every individual to a fair trial
• Maintain public confidence in the administration of justice.

“Where these roles remain clearly defined, the integrity of the justice system is strengthened.

Clarifying the Principle
“While courts play an important role in managing proceedings before them, it is important to note that:

• Decisions on whether to charge an individual are not determined by the courts
• Prosecutors are not subject to direction by the judiciary in relation to investigative or charging decisions.

“Judicial oversight is properly exercised once a charge is filed before the Court, not prior to that stage.

“Any blurring of these roles’ risks creating an appearance of overlap between adjudication, investigation and prosecution, which may give rise to concerns regarding fairness and independence.

Commitment of the Office
“The Office of the Attorney General remains firmly committed to:

• Upholding the rule of law
• Ensuring that prosecutorial decisions are made independently and professionally
• Supporting a judiciary that is respected, independent, and impartial
• Working constructively with all justice sector partners to maintain the integrity of our legal system.

In conclusion, the Attorney Generals Office says “a strong justice system depends not only on the competence of its institutions, but also on each institution respecting the limits of its role.

“The Office of the Attorney General will continue to ensure that these principles are observed in the best interests of justice and the people of Samoa.”