Samoa court

Court voids suspension of Samoa's former prime minister

Samoa Observer reports Chief Justice Satiu Simativa Perese and Justice Leiataualesa Daryl Clarke ruled on Tuesday afternoon that the suspension of former prime minister Tuilaepa Sai'lele Malielagaoi and Lealailepule Rimoni Aiafi was unconstitutional.

Party leader Tuilaepa and Lealailepule were suspended from parliament without pay last October for two years after a government-instigated decision made through a secret ballot vote.

Jail for Samoan men in violent kidnapping case

Iopu Taimalie and Iapesa Elisara were initially charged with murder, in relation to an incident that occurred in 2018, but this was reduced after the prosecution told the court there was not enough evidence to proceed with the murder charge.

According to the prosecution summary of facts, the victim walked away after a taxi trip without paying the fare.

He was chased, caught and put in the boot of the taxi with the driver then taking him to the police station.

Along the way another taxi passenger heard banging and movement in the boot, but this then stopped.

Two Samoan high chiefs fined for forgery

Mutimuti Teleiai Samuelu and Teleiai Emosi, who are from Samatau in Savaii, were in court last week when their lawyer entered a guilty plea.

Justice Vui Clarence Nelson has given the two until midday to pay their fines or else they will be imprisoned for three months.

Justice Nelson said forgery is a serious crime and the reason they are not in jail is because their offence occurred at the last phase of the registration.


Samoan man given wrong jail sentence

The sentence, which had been given in the Ethnic Court, Faamasino Fesoasoani, had exceeded the maximum jail time prescribed under the law.

District Court Judge, Alalatoa Rosella Papali'i, who was sentencing Savelio Mareko on another insulting words conviction, found the man had been wrongly sentenced to a five months term previously, a sentence he was four months and 10 days into completing.

The maximum term on an insulting words charge is three months, or a fine of up to $200.

Samoa court sets bail hearing for alleged PM assassin

The accused, Lema'i Faioso Sione, was released from custody in early March, with his co-accused, Malele Atofu Paulo also known as Kingfaipopo when the court granted their bail application.

But Lema'i breached one of his bail conditions and was arrested and sent back to custody at Tanumalala prison.

On Monday, Lema'i appeared via video link from prison when his application for bail was called for mention, according to his lawyer.

Samoa police prosecutor charged with manslaughter

The Samoa Observer newspaper reports Sergeant 

'This is our home': Samoa court issues eviction order for Sogi families

The Samoa Lands Corporation has been trying to move families to new settlements at Tafaigata and Falelauniu for years.

Several families have already left but the 20 members of the Tokuma family are still occupying part of the disputed land.

The order was issued last Friday but as of yesterday there are still people on the land living behind the Tanoa Tusitala hotel and the government complex in Sogi.

The families have also been ordered not to interfere with government works and other activities on the lot.

Samoa court dismisses Malietoa contempt charges

Sixteen village chiefs from Malie had been charged with contempt of court after bestowing the title while an interim order to halt proceedings was in effect.

However in court last week, the presiding judge Alalatoa Rosella Papali'i found no party had filed an application against the December 2017 decision of the Lands and Titles Court to confirm Fa'amausili Moli as the new Malietoa.

Justice Alalatoa agreed with the defence that the interim order, issued by a senior court registrar, was an abuse of power.

Samoa court considers order stopping bestowal of Malietoa title

In the preliminary hearing of the application by the defence to quash contempt of court charges against 16 matais of the village of Malie for disobeying the order, Justice Alalatoa Rosella Papalii, said the former Chief Justice and acting president of the Lands and Titles Court had first issued an order allowing the bestowal of the Malietoa.

The judge also revealed that on the day before the bestowal took place some matai in the neighbouring village of Afega applied for an interim order, which the registrar then issued to stop the whole ceremony.

Samoa court upholds resort's lease

The problems for the Return to Paradise beach resort at Matautu Lefaga started with several matai from the Sa'eni Lemalu family, filing a successful petition to the Lands and Titles court objecting to the lease.

The matter was challenged in court by other heirs of the Lemalu family, who supported the resort operating on the land.

The Court of Appeal has now agreed with a Supreme Court ruling that the decision of the Lands and Titles court breached the constitutional rights of the lessee.