Samoa’s Cabinet has confirmed the assumption of prosecutorial duties by the Office of the Attorney General (AG), following the suspension of the Acting Director of the National Prosecution Office (NPO).
The suspension of Acting Director of NPO, Ms Muriel Lui, is pursuant to sections 11(4), 11 (7) and 11(8) of the NPO Act 2015 and the appointment of the Attorney General, Lemalu Hermann Retzlaff, as Acting Director of the National Prosecution Office is pursuant to Article 41A of the Constitution.
A statement said Cabinet has also resolved to appoint a Tribunal to evaluate the performance of Ms Lui and the suspended Director of NPO, Mauga Precious Chang.
Cabinet has noted the continued refusal of the suspended Acting Director of NPO and suspended Director of NPO to properly perform powers and duties to uphold the rule of law and objectivity of the criminal justice system.
Cabinet says it acknowledges that the actions of Ms Lui and Ms Chang have created unnecessary conflicts between government departments while diminishing public confidence in law enforcement processes and the justice system in Samoa.
Furthermore, the validity of the establishment of the National Prosecution Office will also be reviewed to ensure the statutory responsibilities and powers are treated with greater transparency, accountability and respect.
The Tribunal will be appointed on the grounds that Ms Chang and Ms Lui have not used the statutory powers given to them in an appropriate manner and they have breached Civil Service Values and Code of Conduct under the Public Service Act 2004, as applied to them under section 15 of the NPO Act 2015.
Members of the Tribunal will include Justice Grant Hammond, former Justice of the High Court of Samoa; Tuiloma Neroni Slade, former Attorney General of Samoa; and the President of the Samoa Law Society or an appointed representative of the society. Their report will be provided to the Minister responsible for the NPO, Tuilaepa Sailele Malielegaoi.
The Attorney General has assumed the role of Acting Director of the National Prosecution Office as of 6th October 2016.
Photo: Office of the Attorney General located at Tui Atua Tupua Tamasese Efi Building