By Lagi Keresoma<\/p>\n
Apia, Samoa \u2013 21 September 2023:<\/strong> An American based Samoan woman, Tuifaasisina Perkins Feagia\u2019i was convicted yesterday of uttering insulting words against Prime Minister Fiame Naomi Mataafa, Cabinet Ministers and the Faatuatua I le Atua Samoa ua Tasi \u2013 FAST party.<\/p>\n Tuifaasisina is convicted with a suspended sentence for 3 months, but if she reoffends within that time frame, the suspended sentence will then be activated and so will new charges.<\/p>\n Presiding District Court Judge Alalatoa Rosella Papalii ordered her not to make any more posts against the complainants.<\/p>\n The maximum penalty for insulting words is 3 months prison term or a fine of $200 tala.<\/p>\n Tuifaasisina was originally charged with defamatory and electronic harassment, however, as the case progressed, the charges were reduced to a lesser charge of uttering insulting words.<\/p>\n Crossing the boundaries of freedom of expression<\/strong> She pointed out that it may work in America under\u00a0the 5th Amendment, but not in Samoa.<\/p>\n She said the words uttered by the defendant were very serious and could cause concern or public disorder.<\/p>\n \u201cWe are talking about online abuse and FAST supporters reacted adversely against it and called for you to be brought to justice and if that is not public disorder then I don\u2019t know what is.\u201d<\/p>\n Prosecution call for a custodial sentence<\/strong> King Faipopo or Malele Paulo served time in prison for defamatory comments made against former Prime Minister Tuilaepa Sailele Malielegaoi.<\/p>\n Judge Papalii said the King Faipopo case was about the assassination of a character and was tried as a \u201ccriminal libel\u201d<\/strong> case while Tuifaasisina is being charged with a lesser charge of \u201cuttering insulting words\u201d<\/strong>.<\/p>\n Tuifaasisina filed an application for a discharge without conviction which Prosecution opposed.<\/p>\n Judge Papali\u2019i also denied Tuifaasisina\u2019s application and went ahead to convict her.<\/p>\n \u201cThis Court does not condone this kind of conduct,\u201d the Judge said.<\/p>\n Gravity of the offence<\/strong> She pointed out that this was not the only factor to consider the gravity of the offence because the Court usually looks beyond the severity of the case and considers all elements of it.<\/p>\n She said the posts were posted on Perkin Tauvao\u2019s page and the Court had already determined Perkins as the person who owns the account.<\/p>\n \u201cIf it was private, there would not be any harm but its visibility to other members of the public including supporters of the victim who understandably reacted adversely.<\/p>\n\u201cThe posts were deliberate and premeditated amplifying defense, you have full control of the page and dictated the content of materials at all times and this includes acceptance and adding on your timeline information of attack,\u201d<\/em><\/strong> said Judge Alalatoa Rosella Papalii.<\/span><\/a><\/span>\n \u201cThe pages have been deactivated and no one knows when that happened, but prior to the deactivation of pages, that was the case for the world to see the posts,\u201d she said.<\/p>\n There was a particular post Perkins posted on the Faumuina family which Judge Papalii referenced.<\/p>\n \u201cThe contents of the posts were insulting, inflammatory, abusive, threatening and calculated to injure the victim and family,\u201d she said.<\/p>\n She said the reference to the deceased\u2019s family is nothing more than below the belt.<\/p>\n \u201cYou insulted the Faumuina family and by doing so, you tarnished their memories,\u201d said Judge Papalii.<\/p>\n \u201cIt shows the level of your discontentment to the ruling party and you even stood low to crap the full names of the deceased parents by making unfounded accusations in effect to the Faumuina family,\u201d said Judge Papalii.<\/p>\n \u201cYour actions can only be described as inviting victims to cause public rift.\u201d<\/p>\n She said that there is nothing wrong about affiliating with any political party and nothing wrong with voicing one’s political opinion.<\/p>\n \u201cBut when you say things to tarnish\u00a0another person’s character then that is wrong.\u201d<\/p>\n
\nIn her ruling, Judge Alalatoa Rosella Papalii said under the Constitution, there is a provision on Freedom of Expression which everyone is entitled to and Tuifaasisina noted in her affidavit that she values her freedom of expression.<\/p>\n\u201cWe all do, but I am telling you Perkins, what you did here crosses the boundaries of the freedom of expression,\u201d<\/em><\/strong> said Judge Alalatoa Rosella Papalii.<\/span><\/a><\/span>\n
\nThe Prosecution used the King Faipopo case as a benchmark for their argument and asked the Court for a custodian sentence on Tuifaasisina.<\/p>\n
\nJudge Papalii noted several factors of practice in the defendant\u2019s action and the imprisonment term indicates that Parliament as the lawmakers, considered the offense serious.<\/p>\n