More court summons for defendants in Falealili 1 election petition

By Lagi Keresoma/

Apia, SAMOA – 26 June 2026: The Supreme Court Justice Leiataualesa Daryl Clarke has ordered summons on the 7 defendants that failed to turn up today for sentencing.

Before passing sentence, the court read out the names of the defendants represented by counsel Fuimaono Sarona Ponifasio and one by one they stood so the court noted their presence.

However, 7 defendants did not appear, and Justice Clarke asked the Attorney General counsels to ensure that summons are prepared for them.

Final adjournment
The sentence was scheduled to be delivered today but the court was not ready to deliver it.

Justice Clarke then called for a final adjournment of the matter with the decision to be delivered on 15 July 2026.

He acknowledged the defendants travelling from a distance to be in court and urged them to be present again on the day noted for the decision.

Background to the contempt of court charges
53 witnesses for the Falealili 1 election petition failed to turn up when the matter was called for hearing in October and again in November 2025.

The Office of the Attorney General and police joint forces in trying to locate the witnesses who were given summons to appear in Court.

They failed to appear then the court issued more warrants of arrests but still no appearance and the court then issued a notice of contempt of court on all witnesses.

Last month, they appeared in court and gave reasons why they did not appear and the matter was called for hearing with their sentence scheduled for today.

They will know the outcome of the charges next month.

The Falealili 1 Member of Parliament (MP) Toelupe Poumulinuku Onesemo who was the respondent in the election petition will know by Monday whether his application for a review of the Electoral Court decision which voided his parliamentary seat, will be accepted for an appeal hearing or not.