Court allows missing witnesses evidence in Falealili 1 election petition

By Lagi Keresoma/

Apia, SAMOA – 20 February 2026 – The Electoral Court has allowed the admission of uncontested evidence of the two missing witnesses in the Falealili election petition, and the hearing is scheduled for Friday next week.

Presiding Judges were Chief Justice Satiu Simativa Perese and Justice Leiataualesa Daryl Clarke and today’s proceedings were to review the Respondent’s counsel, Muriel Lui’s submission on the admissibility of the evidence and on the unavailability of witnesses.

Counsel said one of the requirements of the unavailability of witnesses was the assurance of a person’s identity and the principle of necessity.

She cited provisions 9(2) (d) of the Evidence Act 2015 to support her argument.

Evidence Act 2015:

9 Definition :(2) For the purpose of this Division, a person is unavailable as a witness in a proceeding if the person: (d) cannot with reasonable diligence be identified or found;

The court wanted to know why the witnesses cannot be found and Muriel Lui submitted that they do not want or being discouraged not to give evidence.

She said the court can draw inference or consider the unavailability of witnesses from the witnesses unwillingness to turn up.

“How can that be if the law does not say that?” asked CJ Perese.

Lui however said the court can make their determination based on the witnesses unwillingness.

The court adjourned for 15 minutes then returned with a decision to admit the two missing witnesses’ affidavit as evidence.

More warrants of arrest
The court gave Lui a chance to make a verbal submission after the decision was delivered and she informed the court that she had one witness but could not locate him at the time.

She has until Tuesday to locate her witness before the substantive hearing of the petition on Friday next week.

If by then the witness has not been located, a warrant of arrest will be issued.

This is the final and long drawn election petition brought by Tuiloma Laniselota Lameko against the Deputy Prime Minister and sitting Member of Parliament for Falealili 1.