Judge dismisses criminal charges against Aana Alofi 1 MP

By Lagi Keresoma/

Apia, SAMOA – 29 May 2026: The District Court Judge, Papalii Rosela Papali’i has dismissed all charges against the Aana Alofi 1 Member of Parliament and Minister of Justice, Apulu Fesolai Tusiupu Tuigamala on the grounds that no criminal act was committed nor an intent to commit one.

The charges include bribery and treating prior to the 2025 general election.

In passing judgement, Judge Papalii pointed out the poor state of evidence provided by Prosecution.

She also wondered why Prosecution insisted on proceeding with the case given the poor state of evidence from when the case proceeded on Monday.

The charges
There were two charges relating to the FAST roadshow in August 2025 and another charge relating to a payment of a contractor for construction work on the district roads.

The charges were filed under a private prosecution by Ulugia Matau Matafeo of Vaiusu on the 6 October 2025 alleging that such action directly or indirectly was to entice voters to vote for him.

After perusing the evidence, Papalii said there is no evidence to suggest that the money paid to the contractor was disbursed or filtered down to entice voters.

Papalii said that Prosecution seems to be saying that the roads will be fixed as promised based on the payment already made so therefore the voters should vote for the defendant.

“With all due respect Mr Su’a, this is a farfetched proposition that I simply can not accept,” Judge Papalii told the complainants counsel Alex Su’a.

She said a political statement that something will be fixed after election does not amount to corruption.

She pointed out that the court distinguished between the legitimate policies or advocacy and corrupt and that the distinguish comes even more stronger when the project for the district work are administered through the lawful government agents such as the Fonofaavae.

“I must say the quality of the evidence are very poor and speculative,” she stated.

The private prosecution was brought by a matai o Vaiusu village in the Faleata 2 district, away from the defendant’s political district of Aana 1. But political affiliations were obvious and those behind the case.

Do not use the Court as a political weapon for losing candidates
Judge Papalii did not mix words when she pointedly said not to use the court as a political arena for political agendas.

“I must remind that the criminal court should never be use as a political arena for losing candidates and their camps, attempting to weaponize by the prosecution under the electoral act,” she said,

She stated that to protect the Administration of Justice from being undermined, there must be strict requirements for firm and strong evidential basis, that is necessary for the legal threshold which must be kept alive.

She also said allowing private prosecution without robust evidence is a risk to the administration of justice.

Judge Papalii then dismissed all charges and allegations against Fesolai due to the lack of evidence.