Spotlight on rule of law as Sāmoa PM holds Police, AG portfolios

The Sāmoa Law Society (SLS) has raised serious concerns about the overlapping political and judicial responsibilities of the Prime Minister, emphasising the need to uphold the rule of law.

In its 1 October statement, SLS calls on Prime Minister Laaulialemalietoa Leuatea Schmidt to establish clear safeguards to ensure that all pending cases and complaints are independent of political influence, reinforcing the need for impartial justice.

Prime Minister Laaulialemalietoa holds the portfolio for the Ministry of the Prime Minister and Cabinet, Ministry of Foreign Affairs and Trade, Ministry of Police and Prison, Office of the Attorney-General, Sāmoa Law Reform Commission, Office of the Ombudsman, Public Service Commission and National Emergency Operation Centre.

He is one of the defendants in a group awaiting judgment on a criminal case, where he faces 16 charges, including attempts to pervert the course of justice. Furthermore, former Prime Minister Fiamē Naomi Mata’afa has also lodged a complaint against Laauli with the Police for defamation.

The SLS statement highlights the prime minister’s chosen portfolio, which includes responsibility for the Ministry of Police and Prisons and the Office of the Attorney-General - key offices involved in the administration of criminal justice, particularly in the investigation and prosecution of crimes.

According to Talamua Media, the Sāmoan government has responded to the law society, stating that “the newly elected government continues to prioritise police reform and other justice sector initiatives, and values constructive viewpoints as it works on strengthening and improving the sector.”

The Sāmoa Law Society has called on Prime Minister Laaulialemalietoa to put in place a framework to ensure pending cases and complaints involving him are handled independently of the political process. Photo/FAST/Facebook

Sāmoa’s Attorney-General, Su’a Hellene Wallwork, has also weighed in with assurances that Laauli has not intervened with prosecutorial processes. “Since taking office, the prime minister has not made any enquiries or taken any steps to interfere with the prosecution process.”

Reports through Talamua Media indicate several members of the law society have publicly questioned the SLS statement, citing a lack of consultation between the council and members. One member is reported to have warned against abuse of privilege. “The statement you made was a careless remark because of the weight people will give and the inferences they will draw, and this is despite the lack of any action of statement by the PM to indicate he will interfere.”

Papalii John Taimalelagi, Chief Executive of the Ministry of Justice and Courts Administration, describes the SLS statement as “wholly inappropriate, unauthorised, and an abuse of the position held within the Society.”

Fiona Ey of the Sāmoa Law Society. Photo/Sāmoa Observer/Facebook

Papalii’s comments appear to be directed to the President of SLS, Fiona Ey, arguing she has no authority to issue a letter in the name of the Law Society and even calling for her resignation.

“This is not only undemocratic, it undermines the very principles of accountability and transparency that the legal profession is meant to uphold.” Papalii then goes on to distance himself from the SLS letter, indicating his intention to write to the Prime Minister to inform him of his position.

Meanwhile, opposition leader Tuilaepa Sailele Malielegaoi has come out in support of the Sāmoa Law Society, saying that there is more at stake and the international community should be aware of the conflict of interest.

“I commend them [Sāmoa Law Society] for raising this issue. Our development partners and overseas governments are watching, so this is important for them to know,” he says.

Prior to assuming office, Laaulialemalietoa was critical of the Sāmoa Police’s handling of an unsolved hit-and-run case at Vaitele. This matter is now central to the 16 charges he faces.

In January, when he was charged, he allegedly sought intervention from Fiamē and refused to step down from his Cabinet post when asked. His subsequent dismissal caused a split in the FAST party and triggered a series of events that ultimately led to the dissolution of parliament and a snap election.

Watch PM Laaulialemalietoa at his first media engagement after assuming office.