Supreme Court

The court declared that parliament's suspension of the leaders of the Human Rights Protection Party, Tuilaepa Sailele Malielegaoi and party Secretary Lealailepule Rimoni Aiafi, were unconstitutional.

Papali'i Ta'eu Masipa'u told Parliament on Tuesday that he has already lodged an appeal with the Appeal Court of Samoa, and while they await the outcome, the two MPs have been allowed back to take their seats in the House.

Both members were not present in the House for this morning's session as they are both overseas and will be back later this month.

The men allegedly went to the complainant's home in Lefagaoalii and tied his hands and feet to a pole, and carried him out.

All of the defendants are facing charges of kidnapping, threat to do bodily harm, assault and armed with a dangerous weapon.

The matter will be called again next week for the men to enter their plea.

The court ordered Mr Khan's immediate release. His lawyers had argued that his detention from court premises in Islamabad on Tuesday was unlawful.

At least 10 people have been killed and 2,000 arrested as violent protests have swept the country since he was held.

BBC reports Tuesday's arrest escalated growing tensions between him and the military.

The opposition leader, ousted in a confidence vote in April last year, was brought to court on the orders of Pakistan's top judge.

Sentencing for Afele Tiatia was handed down by Supreme Court judge, Leiataualesa Darryl Clarke.

The victim, a 14-year-old nephew of the defendant, swore at his grandmother, the defendant's mother, provoking the Tiatia to slap him and hit him with firewood.

The teenager died a few days later.

Justice Leiataualesa spoke about the trauma the family suffered with the body of the boy not being released for nine months until a pathologist could get into Samoa to undertake a postmortem, which happened earlier this month.

Senior Justice Vui Clarence Nelson and Justice Niavā Mata Tuatagaloa accepted the request from Fata Ryan Schuster to withdraw his petition alleging treating and bribery against Sagaga 2 winner Maulolo Tavita Amosa.

They also agreed to withdraw a counter petition by Maulolo also alleging treating and bribery by Fata.

Leave was then granted to withdraw and petitioner Fata to pay $1,000 tālā for costs.

TV1Samoa reports FAST losing candidate for the Sagaga 2 constituency, Fata Ryan Schuster, is suing election night winner, HRPP candidate Maulolo Tavita Amosa, accusing him of treating and bribery during the campaign period.

Maulolo, who was sworn in last month, has denied the accusations against him and filed a counter petition citing treating and bribery against Fata.

The losing HRPP candidate for the Falealili 2 constituency, Leleimalefaga Ne'emia Fonotia, has filed the second suit of the by-elections.

Senior Judge of the Supreme Court Vui Clarence Nelson confirmed the appointment of Faimalomatumua Mathew Lemisio, who resigned from his position as Electoral Commissioner.

The appointment caught people by surprise including the Justice Minister as Faimalo is expected to have unfinished business with the by-elections including a court case where he sought a declaratory order on the 10 percent of women MPs following the recent by-elections.

However, the case which was scheduled for hearing on Monday was withdrawn last Friday.

The Samoa Observer reports that Senior Justice Vui Clarence Nelson made the suggestion in a briefing paper submitted to the Cabinet last month.

In the report, Justice Vui said it's time for children's issues to be given the importance they deserve.

He said this can be achieved through the establishment of the office of a National Children's Commissioner responsible for all matters affecting children.

Justice Nelson added he intends to pursue the matter with the Government through the Minister of the Ministry of Women Community and Social Development.

The Court’s concern was raised when the Office of the Electoral Commissioner (OEC) sought an explanatory ruling (declaratory relief) on how the constitutional quota for women MPs should be interpreted. 

The Attorney General, Su’a Hellene Wallwork filed the motion on behalf of the Electoral Commissioner. 

In essence, the Commissioner asked the court to explain if the relevant section of the constitution (Article 44) needs to be activated to ensure a minimum of six women sit in the legislature, how the calculation of the additional member would be conducted.

After a judicial party visited Tanumalala Prison Justice Nelson said they made suggestions to the Ministry of Police and Prisons of the need for a less restrictive facility for the teenagers.

On a previous visit Justice Nelson said the inmates looked like "caged animals," who were forced to sleep on the floor.

He said conditions have improved but they made suggestions for educational programs and a more suitable building.

Deputy Commissioner, Leiataua Samuel Afamasaga said the teenagers don't interact with adult prisoners.