Court dismisses Lealailepule’s application for a judicial review

By Lagi Keresoma/

Apia, SAMOA – 10 September 2026: The Court has dismissed the MP Lealailepule Rimoni Aiafis’ application for a judicial review of the District Court Senior Judge Talasa Atoa Sa’aga’s decision that acquitted Prime Minister Laaulialemalietoa Leuatea Polataivao Schmidt and others.

Judge Sa’aga’s decision was delivered in April this year and Lealailepule applied to appeal the decision but was rejected by the Prosecutor Leinafo Strickland.

That application was heard by Justice Rhys Harrison last week and his decision delivered yesterday.

“Mr. Aiafi’s application to judicially review the Attorney-General’s decision not to appeal the acquittal decisions in the District Court is dismissed,” Justice Harrison ruled.

There was no order for costs.

Strike out motion
The Attorney General and others applied to strike out Lealailepules’ application for a judicial review of the Attorney-General’s decision not to appeal the decision.

Judge Sa’aga’s 197-page decision was delivered in April 2026.

“Its’ delivery marked the culmination of years of wasted police and judicial resources, generated in large part by political intrigue, opportunism, vengeance and rumour,” said Justice Harrison.

He noted that Lealailepule was dissatisfied with the acquittal verdicts.

Justice Harrison pointed out that Lealailepule “view his self-described status as complainant and victim in the trial of the respondents as sufficient to give him standing to challenge by way of judicial review the Attorney General’s decision not to appeal.”

The defendants in the high-profile case were Laaulialemalietoa Leuatea Polataivao Schmidt, former Member of Parliament Fepuleai Faimata Su’a, (then suspended) Police Inspector Li’o Faataumalamalama Auava, Lise Marie Schmidt, Samuelu (Sam) Fauega Sua, and Sivai Kepi.

Laauli, Li’o and Fepuleai were acquitted whilst Lise, Sam and Sivai were convicted on some of the charges.

The complainant was Lealailepule and the police.

Postscript
In summing up the case, Justice Harrison added a postscript to his decision about Lealailepule’s claim that the decision to acquit the charges against Laauli and two others has had an effect on him.

The effect is the online attack on him and his family and has tarnished his 30 years of public service, his leadership and identity.

Whilst Justice Harrison acknowledged Lealailepule’s distress, he said the damage was done well before the 2025 trial of Samuelu (Sam) Fauega and others in the District Court and the 2026 decision.

“That decision could not affect Mr. Aiafi’s legal rights or undo the damage caused by years of unsubstantiated rumour,” he said.

Justice Harrison said the end outcome of the prosecution of Fauega and the other respondents proved very little except to affirm the falsity of Fauega’s allegations, and their acquittals in a very confined criminal context could not objectively have had any possibly adverse effect on Lealailepule.