Supreme Court

Samoa court to hear 28 election challenges

 How it decides on any of the petitions could break the deadlock that's prevented a government from being formed for nearly a month.

The incumbent Human Rights Protection Party and the newcomer FAST party remain tied on 26 seats each.

The complaints raise questions about the validity of certain victories, the practices of candidates, and of the Electoral Commissioner.

The court has scheduled the first hearings from Tuesday.

   

Samoa court expected to hear conviction challenge first

The FAST party, which is level pegging with the HRPP party at 26 seats apiece after the election two weeks ago, sought a court ruling on the eligibility of the Fa'asaleleaga 5 constituency, Peseta Vaifou Tevagaena.

FAST asserted that Peseta, who has previously held a cabinet ranking, had a criminal conviction that was not disclosed during candidate registration.

The Supreme Court has indicated it would consider this matter before it looked at another FAST challenge - that of the electoral commissioner's addition of a 6th woman' seat.

Supreme Court declares Google's code copying fair

Oracle, another tech titan, had sued Google in 2010 for copyright infringement over what it said was copied computer code.

Android is now used in an estimated 70% of global smartphones, and damages could have run into the billions.

But the Supreme Court let Google off the hook, overturning a lower court's decision it had infringed copyright.

The court ruled six to two in favour of Google.

At issue was whether Google's use of Oracle's Java API - a widely-used "building block" for programmers - counted as "fair use" under US copyright law.

Elderly Samoa man denies murdering two villagers

The two victims in Afega village were attacked in the early hours of last month's New Year celebrations.

The accused, Vaotu'ua Auleoleo Ne'emia, appeared in the supreme court for police to disclose the final charges and for him entering his plea.

A hearing date has not been finalised as the court will hear first his bail application.

His family's traditional ifoga had been accepted by the families of the two victims.

     

Samoa PM plotter jailed

39 year-old, Taualai Leiloa, had accepted the police summary of facts which shows the offending had occurred between April and August last year.

The attempt also involved three other co-accused, Malele Atofu Paulo or King Faipopo, Lema'i Faioso Sione and Australian citizen, Talalelei Pauga, all deny the same charge.

Mr Pauga is currently in police custody in Brisbane to face an extradition hearing.

Samoa man jailed for 5 years too long

Sio Agafili, 45, was meant to have been released in December 2015, but the error was only picked up on by a judge when he appeared in the Supreme Court last week.

"He's been imprisoned unlawfully," said Muriel Lui, who was appointed as Agafili's lawyer by the court when the error was spotted.

Lui said she was concerned there could be plenty more prisoners like Agafili languishing in Samoa's much-maligned prison system because of basic errors.

"I've heard of other cases of a similar nature," she said. "This is not the first of this type."

Suspended Samoan lawyer faces another battle to clear name

He was found guilty last month of two counts of assaulting his ex-wife and daughter.

The court discharged Pa'u without conviction.

However, Pa'u is facing one count of obtaining by deception relating to a dispute with a local contractor who built his house back in 2015.

The prosecution argues the contractor's tools and building equipment's were unlawfully held by Pa'u as a result of the dispute.

The charge was initially dismissed in a 2018 trial but the court of appeal ruled last year for the decision to be set aside and for the court to re-hear the matter.

Sexual assault against young girls prevalent in Samoa

A 51-year-old Methodist church pastor faces 8 charges including one of rape, three of sexual connection with a family member and three sexual connection with a person under 16 yrs old. His case is adjourned until the 4th of November where he is expected to enter a plea. The Court has ordered him to reside with family at Vaimoso until then so that he does not return to the place of offending.

Samoa court dismisses civil claim by former Manu Samoa head coach

Justice Tafaoimalo Leilani Tuala Warren, delivered her decision Thursday after the plaintiff had sued the Samoa Rugby Union for unfair dismissal.

The former head coach had received a final payment from the defendant of some $US5000.

He sought for the defendant to pay $US70,000 for the period remaining on his contract from September 2018 to November 2019.

Samoan woman accused of beating daughter to death

Talamua Online reported that Auto'a Tiatia Maisa failed to appear in court when the matter was called earlier this week.

The 23-year-old is facing four charges, including failing to provide the necessities of life, manslaughter, being armed with a dangerous object, and assault.

The death happened in June when the woman allegedly struck the baby girl on the head with a broom handle.

She reportedly has two other children.