Court questions motive behind Attorney General’s Press Release

By Lagi Keresoma/

Apia, SAMOA – 01 April 2026: Two Supreme Court judges have questioned the motive behind the Attorney General’s press release issued on 26 March 2026 that highlighted the fundamental principles that underpin the administration of justice in Samoa.

The press release pointed out that “at the heart of our legal system is the clear separation of roles between the institutions responsible for the investigation, prosecution, and adjudication of criminal matters.”

It went further to say: “The decision whether or not to investigate or lay charges is a matter that falls within the independent discretion of investigative and prosecuting authorities. This function is exercised based on the evidence available and in accordance with established legal standards and prosecutorial guidelines.

“The role of the Judiciary, on the other hand, is to act as an independent and impartial arbiter, ensuring that proceedings before the Court are conducted fairly and in accordance with the law.”

The release was issued after the court issued a directive to the Attorney General’s office to review and consider if charges should be laid on former Deputy Prime Minister Toelupe Poumulinuklu Onesemo after being found guilty of corrupt practices during the election period 2025.

According to Chief Justice Satiu Simativa Perese and Leiataualesa Daryl Clarke who presided over the case, the Press Release seems to target the court’s proceedings of the Falealili 1 election petition decision especially around the $100,000 which the court referred to the Office of the Attorney General to review and consider whether charges should be laid.

The Court believes the Press Release questions the integrity of the court.

The court also pointed out Attorney General Mauga Precious Chang’s conflict of interest as she was involved in the case prior to her appointment as the Attorney General.

Civil, criminal matters and contempt of court
The Court has referred the $100,000 back to the Attorney General for review and how to handle it because it falls under civil matters.

The Court has confirmed that 53 witnesses who were supposed to testify in the Falealili 1 election petition are held in contempt of court.

Chief Justice Perese said the court orders must be honoured. The witnesses who were supposed to testify did not turn up even after being summoned.

Warrants of arrests and subpoenas followed but still only one witness appeared in Court during the hearing of the petition.

Deputy Attorney General resigns
Last week, the Deputy Attorney General Letoafaiga D.J. Fong stepped down from leading the Attorney General’s office in the Falealili 1 case and replaced by Violina Leilua.

Today in Court, Leilua informed the Court that Letoafaiga has resigned, and the court accepted that he is no longer a party to the matter at hand.

The matter will be recalled next Tuesday.