Safata 2 awaits Court decision on election petition

By Jeannie Penehuro/

Apia, SAMOA – 28 September 2026: After a whole week of hearing with final submissions from counsels, the Electoral Court has reserved its decision on the Safata 2 election petition alleging bribery against its Member of Parliament Tuia Paepae Letoa.

The bribery allegations are in connection with the distribution of compensation payments to Safata district households from the sinking of the HMNZS Manawanui at Safata in October 2024.

The petition was heard by Supreme Court Justice Leutele Mata Tuatagaloa and Justice Leiataulesa Daryl Clarke.

Court reject Respondents no case to answer
After the second day of hearing and cross examination of witnesses, counsel for the Respondent, Muriel Lui, applied that there was no case to answer.

On Wednesday, presiding Justices Leutele Mata Tuatagaloa and Leiataualesa Daryl Clarke declined the application and the hearing continued with the Respondents’ evidence.

Distribution to be done before end of financial year
The Co-Chairman of the National Emergency Operations Centre (NEOC), Fui Tupai Mau Simanu testified for the Respondent.

The counsel for the Petitioner, Tofilau Leone Mailo asked Fui whether Government has authority to stop the distribution of funds at the time and he said “yes”.

He was also asked if approval of the fund was subject to the Cabinets’ decision and he said “yes” and that the fund was to compensate for the disruption of the people’s livelihood after the HMNZS Manawanui incident.

Fui also said that the distribution of the funds which has been delayed for some time, was linked to the end of the financial year which is July.

By June 30, some of the Safata districts households started receiving their compensation money and Tofilau argued that by then, the by-election timetable was already set for 10 July 2026, the nomination period had closed.

She argued that the court must consider the validity of the administrative explanations for the release of funds during the election period.

She also pointed out that there was no statutory requirement identifying June 30 as the date for the payments to be distributed.

Justice Clarke questioned the process with which the funds were handled once it comes into the hands of the Samoan Government.

Tofilau said the New Zealand Government provided the compensation fund but was distributed by the Samoan Government and she emphasized that the fund was not part of the Governments’ budget and therefore the financial-year deadline did not explain the timing of the payments.

Tofilau also referred to evidence from an Electoral Commission spokesperson on 8 July that the fund should not have been distributed before the by-election.

She believes the time it was distributed is proof of the Respondents intention to entice voters.

Cabinet did not trigger the distribution of the fund
Defence counsel Lui said the timing of the distribution was not caused by any Cabinet order.

She said Cabinet did approve the distribution of the funds on 10 April 2026 but did not make any order for the time it should be distributed.

She said the Memorandum of Understanding (MOU) process was still in progress and criticisms had increased from Safata residents of the delay.

She referred to the Government efforts to collect further information for the Ministry of Finance and on 15 June 2026, a press conference about the data collection was conducted by NEOC and 30 June 2026, Safata residents started receiving funds.

She also said Cabinet involvement in major government decisions was a normal part of its responsibilities.

On 2 July 2026, a press conference was called to update the residents on the number of residents who have received funds and how much has been distributed.

Both counsels presented their final submission last Friday and the Court has reserved its decision.