Court to refer interference with witnesses to AG’s office for prosecution

By Lagi Keresoma/

Apia, SAMOA- 8 December 2025: The Electoral Court is referring 3 issues that arose from the Falealili 1 election petition case to the office of the Attorney General for prosecution.

These issues include interference with witnesses, allegation of $100,000 payment and contempt of court.

Chief Justice Satiu Simativa Perese who presided over the matter with Justice Leiataualesa Daryl Clarke has given the counsels involved in the case until Thursday this week to submit their views on the court’s decision to refer the issues to the Office of the Attorney General.

On the contempt of court matter, he said the witnesses were summoned and their non-compliance is a serious offence and the court is also considering whether to let the Attorney General handle it or the court to issue a warrant for the police to deliver the witnesses to the court.

The case 
Ther Electoral Court set 1000am today for the actual hearing of the petition by Tuiloma Laniselota Lameko (Petitioner) against the Deputy Prime Minister Toelupe Poumulinuku Onesemo (Respondent). However, out of the 24 witnesses who were supposed to be called to testify, only one Lefagatele Alema turned up.

Chief Justice Perese asked the Petitioners counsel Alex Sua if he had done anything to ensure his witnesses were aware of today’s hearing.

“I was instructed by the Petitioner that he would connect with the witnesses,” Su’a told the court.

Chief Justice Perese followed up with Su’a what he did as a lawyer to get his witnesses in.

Su’a responded that the witnesses were “uncooperative.”

“How do you know? did you talk to them? what did you do?” asked Chief Justice Perese.

“Nothing Your Honour,” Su’a replied.

“That is unacceptable and it is your obligation to let the witnesses know,” said Chief Justice Perese.

The court then adjourned proceedings from 10.00am to 2.00pm today for Su’a to contact his witnesses.

Outside court, Su’a said there are 13 major witnesses and they were all summoned in the weekend by police.

However, when the matter was recalled at 2.00pm, only Lefagatele Alema appeared.

The court allowed the court process by having the court orderly call out the witnesses names one by one but no one appeared.

Su’a then explained the sequence with which the witnesses were contacted which was through the Petitioner.

Chief Justice Perese then asked where the Petitioner was as he wanted to talk to him.

Neither the Petitioner nor the Respondent appeared in Court.

Su’a did not call Alema on the stand but allowed the court to use his affidavit to which counsel Muriel Lui for the Respondent opposed.

Lui argued that Alema’s affidavit is based on hearsay of a conversation he had with another witness who saw one of the Respondent’s agents give $150 to a voter.

Chief Justice Perese said Alema’s affidavit is not hearsay as he had a direct conversation with a witness and hearsay is different from the truth.

He then asked Lui if she wanted to cross examine Alema to which she said no.

The 39 witnesses for the Respondent did not also show up in court.

The matter is adjourned to Thursday for counsels to submit their views on the Court’s decision to refer the issues to the Office of the Attorney General for prosecution if necessary.

The Chief Justice also acknowledged Lefagatele Alema for honouring the court summon.