The Supreme Court has opted not to penalise politicians Tuilaepa Dr. Sailele Malielegaoi and Lealailepule Rimoni Aiafi, and lawyer Maiava Visekota Peteru after it found them guilty of scandalising the Court.
Samoa Observer reports that the Court, presided over by a panel of overseas Justices, ruled there will be no penalty against the Human Rights Protection Party (H.R.P.P) leader and party secretary and the lawyer due to a “harmony agreement” between the parties.
Previous attempts by the Fa’atuatua i le Atua Samoa ua Tasi (F.A.S.T) led Government to withdraw the proceedings against its rival party was rejected by presiding Justice Robert Fisher and Justice Raynor Asher.
“We were urged to discontinue these proceedings to allow Samoa to move on,” said the Court in its 39 pages long decision.
Last April’s 2021 General Election was followed by a period of political turmoil, with the Courts intervening following applications by the F.A.S.T. party, questioning the legality of decisions made by the then H.R.P.P. Caretaker Administration.
The Court pointed out the legal position was that the current Prime Minister, Fiame Naomi Mata’afa and the F.A.S.T. party had won the election.
“The former Prime Minister and H.R.P.P could not accept that,” the Court decision stated.
“They publicly denigrated the Judges and declined to follow their decisions. By rejecting the Judges, they invited legal anarchy. The root of the problem was rejection of judicial decisions.”
The Court said some of the respondents were guilty of the gravest possible examples of contempt of Court.
In relation to Tuilaepa, the Court said he embarked on a sustained campaign to vilify the Judges.
“For several anxious months Samoa’s proud history of stability was under threat,” the Court noted in its judgement. “Even now the conflicts linger. We accept the evidence before us that there has been a lasting decline in respect for the law and the Courts in some quarters. That is the sorry legacy left by a formerly great leader.”
“The current Prime Minister and F.A.S.T. party are anxious to put them to bed. It is not our place to disagree.”
