Court
Witnesses facing contempt charges claim FAST Party hid them
By Lagi Keresoma/
Apia, SAMOA – 15 May 2026: Two of the witnesses in the long-drawn Falealili 1 electoral petition have come forward and told the court that they could not appear to testify last year because the FAST party hid them.
The witnesses are Malili Nofovaega and Faamotuletia Sei and both are facing contempt of court charges with 49 other defendants.
“We wanted to come to court but FAST hid us and that is the reason why we did not appear,” said Faamotuletia.
Chief Justice Satui Simativa Perese asked how such action could happen, then advised them to prepare a statement and explain what really happened.
Faamotuletia then informed the court that his wife recently had surgery and requested if he could testify for both of them.
The request was granted but His Honour asked the wife to be present so she could understand the case proceedings.
Faamotuletia and Malili were supposed to verify another witness evidence that they received $150 from Falealili 1 Member of Parliament Toelupe Poumulinuku Onesemo’s campaign agent.
Summons and warrants of arrests were issued on the couple followed by a Departure Prohibited Order (DPO) in December 2025.
Witness Malili Nofovaega outside court.
51 face contempt of court
During the court proceedings, the Registrar called out the defendant’s names one by one so the court could identify their presence and to inform them of the proceedings next Monday.
The prosecution informed the court that one of the witnesses have passed on, four have excused themselves because they were attending a funeral and four others did not appear and warrants of arrest have been issued.
The court made an order to prosecution not to detain the witnesses in custody when found, but to bring them directly to court and they will make themselves available for them.
Witnesses not from Falealili 1
The village mayor also addressed the court and clarified that most of the witnesses in court are not members of Falealili.1 constituency.
However, His Honour said they have provided affidavits and the witnesses stand for both the petitioner Tuiloma Laneselota Lameko and Toelupe Poumulinuku Onesemo.
The court then issued an order for all witnesses to appear at the hearing of the case on Monday next week; failing to do so will result in more warrants of arrest.
Background of the case
After the general election in August 2025, Tuiloma filed a petition against Toelupe who in turn filed a counter petition.
Both parties decided to withdraw but before the court granted the withdrawal, the HRPP intervened and asked to be a party to the case.
HRPP presented an audio recording during the HRPP caucus where Tuiloma told Namulaulu Sami Leota, MP for Faasaleleaga 3 that he has received $100,000 from Toelupe.
Namulauulu was later subpoenaed and told the court he did not want to be a party to the case.
The court ruled in favour of HRPP and Toelupe was found guilty of corruption and bribery which resulted in the voiding of his seat.
However, Toelupe challenged the decision and that challenge will be heard next week before Justice Rhys Harrison.
