Falealili 1 witnesses cannot be located, hearing to proceed

By Lagi Keresoma/

Apia, SAMOA – 19 January 2026: The two witnesses in the Falealili 1 election petition still cannot be located and the Office of the Attorney General and Police continue to work together in locating them.

Attorney General counsel Lalau David Fong and Police Sergeant Laufili’s affidavit before the court this morning confirmed their joint efforts in trying to locate the witnesses.

There is also no record from the Immigration Office that the witnesses have left the country.

Chief Justice Satiu Simativa Perese has given all counsels involved in the case to submit responses to three issues the court wants them to address.

1. For counsels to draw inferences (if any) in the situation if the witnesses cannot be located.
2. The court wants to hear them on stroke and operation under section 115(4) and 118(b) of the Electoral Act.

Section 115 (4)- Trial of Petition: Subject to this Act, the Court has jurisdiction to inquire into and adjudicate on a matter relating to the petition in any manner it think fits, and in particular may at a time during the trial direct  a recount or scrutiny of the votes given at the election and shall disallow the vote of a person  proven to have been guilty of a corrupt practise, or whose name has been wrongly placed or retained on the roll.”

118 (b)- Real Justice to be observed: “May admit such evidence as in its opinion may assist it to deal effectively with the case, despite the evidence may not otherwise be admissible in the Supreme Court.”

3. In the absence of witnesses, the court considered the two witnesses’ affidavits into evidence in the case.

Counsels have until Wednesday this week to file their submissions on the issues raised by the court before the hearing on Thursday.

The Falealili 1 election petition is the remaining case from 11 cases already dealt with by the court after the general election 29 August 2025.

Background

Both the Petitioner Tuiloma Laniselota Lameko and respondent Toelupe Poumulinuku Onesemo agreed to withdraw their petition and counter petition.

Both were given seven days to advertise their intentions to withdraw before the court officially granted the withdrawal.

However, HRPP intervened and submitted their opposition against the withdrawal and the court after hearing HRPP evidence ruled against the withdrawal and for the petition to go ahead.

On the day of the hearing, witnesses for both party’s did not appear and warrants were issued to all witnesses to appear.

However, when the matter was recalled in November, only one witness Lefagatele Alema appeared and a court order was issued to locate all witnesses.

When that failed, the Court then concentrated on locating the two witnesses now central to the evidence of Alema.

The 6 months period Departure Prohibition Order is still open and an extension to another 6 months if the witnesses are still not located.