Sāmoa court blocks withdrawal of Falealili I election petitions

Sāmoa’s Electoral Court has rejected attempts to withdraw election petitions challenging the Falealili I seat, ruling that serious allegations of bribery and treating must be considered in court, despite a reported agreement between the parties to abandon the proceedings.

According to the Sāmoa Observer, the court also raised concerns about the unexplained absence of witnesses and an alleged private financial settlement involving senior political figures, matters judges say may warrant further investigation.

The Falealili I seat is held by Deputy Prime Minister Toelupe Poumulinuku Onesemo, a senior member of the ruling Faatuatua i le Atua Sāmoa ua Tasi (FAST) party and Minister of Works, Transport, and Infrastructure.

The petition against Toelupe was filed by his Human Rights Protection Party (HRPP) opponent, Tuiloma Laniselota Lameko, following the 29 August general elections.

Under Sāmoa’s Electoral Act, election petitions allow a challenge to the results on grounds such as bribery, treating, or other corrupt practices. Treating is defined as providing food, gifts, hospitality, or other benefits intended to influence voters.

The Observer reported that Toelupe filed a counter-petition in October seeking dismissal of allegations, arguing the witnesses relied upon were ineligible.

Deputy PM Toelupe Poumulinuku Onesemo is the current MP for Falealili I. Photo/Government of Samoa/Facebook

When hearings were scheduled, both Toelupe and Tuiloma filed notices in late October seeking to withdraw their petitions, citing a desire to maintain peace and harmony in the district.

The Observer reported that at least seven district chiefs supported the move. But on 2 December, the court dismissed the withdrawal request.

The Observer and Talamua Media reported that the withdrawal attempt was opposed by the HRPP, which applied to intervene, arguing that allowing the petitions to be withdrawn would undermine electoral integrity, particularly amid claims that a private settlement had been reached.

HRPP Candidate for Falealili I, Tuiloma Laniselota Lameko. Photo/HRPP/Facebook

During a hearing on 3 December, Talamua reported that HRPP counsel sought to submit an audio recording, which was said to contain statements alleging financial payments. These claims have not been tested in court.

PMN News contacted the Deputy Prime Minister, the HRPP, and the FAST party for comment, but received no response by publication.

On 4 December, Chief Justice Satiu Simativa Perese and Justice Leiataualesa Darryl Clarke reportedly ruled that the petitions could not be withdrawn and confirmed hearings would proceed from 8 December.

When the court reconvened, the Observer reported that only one of 24 listed witnesses appeared. Talamua reported that Chief Justice Satiu questioned the absence of the remaining witnesses and directed counsel to ensure their attendance.

The Observer also reported that Satiu suggested the Attorney-General’s Office consider investigating whether witnesses had been improperly influenced, and recommended that the reported financial arrangement be referred for investigation.

In a written decision issued on Thursday, 11 December, and reported by the Observer, the court ruled that, “where there are serious allegations of bribery and treating affecting an election, they must be heard so that the truth may be determined”.

The court also warned that the conduct of alii and faipule must not obstruct the judicial process, and that witnesses who fail to comply with summonses could face contempt proceedings.

The Observer reported that of the 68 witnesses listed across both petitions, only one appeared on 8 December. The report stated that the court has reserved its decision on how to address the alleged financial settlement and witness absences, with a further ruling expected before Christmas.