Court strikes out Lealailepule’s application to replace Police as Applicant

By Lagi Keresoma/

Apia, SAMOA – 20 July 2026: The Court has struck out the Human Rights Protection Party (HRPP) Secretary, Lealailepule Rimoni Aiafi’s application to replace the Police as the Applicant in the judiciary review of the district court decision on Prime Minister Laaulialemalietoa Leutea Polataivao Schmidt and others.

The application was presented before Justice Rhys Harrison in the Supreme Court by Fuimaono Sefo Ainuu for Leala today. Justice Harrison presided through a video link.

He noted that there are two proceedings by Fuimaono.

One is the application by the Samoa Police believed to be appealed out of time and two, an application for a judicial review.

Fuimaono asked to substitute his client Leala as the Applicant instead of Police.

Justice Harrison wanted to know if there were any instructions from the police, to which Fuimaono said “no”.

“For my client Leala, there was no instruction from the Police to file an application in their name,” said Fuimaono.

Harrison then asked how he obtained instructions for the intended changes.

“It was given to me by Lealailepule Rimoni Aiafi, the name on the statement of claim filed on 17 July Your Honour,” said Fuimaono.

Harrison wanted to know who of the Samoa Police instructed Fuimaono to file an application believed to appeal out of time.

Fuimaono again confirmed that there was “no instruction by police to which Justice Harrison said was “unprofessional.”

“On what basis do you file a proceeding in the court without proper authority?” asked Justice Harrison.

Justice Harrison asked Fuimaono on his position on the matter and he said, “none unless specifically instructed by police.”

“So, what did you do then?” asked Justice Harrison.

Fuimaono said he explained everything in the memorandum presented before the Court.

“You cannot file a proceeding in the name of a party without proper authority, it’s fundamental and you have many years of experience,” said Harrison.

Justice Harrison then struck out the application to substitute Leala as the Applicant instead of police.

“That proceeding will be struck out,” said Justice Harrison.

He also set a timetable to hear the strike out application by the Attorney General’s Office against Lealailepule’s application for a judiciary review of the District Court decision that acquitted Laaulialemalietoa and two others this year.

That hearing is scheduled for 4 September when Justice Harrison will be in Apia to preside over the Court of Appeal.