The ongoing case of the Falealili 1 petition was heard again on Thursday this week with Counsels of both parties asked to address three key issues raised by the Electoral Court.
1. The alleged $100,000 payment said to have been made by the Respondent, Hon Deputy Prime Minister Toelupe Poumulinuku Onesemo, to the Petitioner, Tuiloma Laniselota Lameko.
2. The alleged interference with witnesses and possible contempt of court and perversion of justice for anyone who has caused witnesses to not turn up.
3. Whether arrest warrants should be issued for the 67 out of 68 witnesses who failed to appear in Court despite being subpoenaed.
Alex Su’a, Counsel for the petitioner, submitted that “both the alleged $100,000 payment and the alleged interference with witnesses are matters that may need to be referred to Police for criminal investigation and to the Attorney General for any possible prosecutions,” he said.
Regarding the contempt of court arising from witnesses who failed to appear despite being summoned, Mr. Su’a submitted that “these witnesses should first be given an opportunity to explain their absence.”
In her submissions, Ms. Lui for the Respondent noted that the Court must issue a certificate, and that certificate must be submitted to the Speaker detailing the allegations.
She added that “the court may also prepare a special report for the Speaker to cover matters beyond the court’s jurisdiction.”
Ms. Lui further submitted that “allegations may be referred to the Attorney General, which would avoid placing the Court in the position of complainant or prosecutor.”
On the issue of witness interference, Ms. Lui stated that her position differs from the Petitioner’s, and maintained that “there is no evidence before the court proving any interference with witnesses..”
A total of 68 witnesses were scheduled to testify when the matter was called; however, only one witness—Lepagatele Alema—appeared. He is among the Petitioner’s 45 witnesses. The remaining 23 witnesses were for the Respondent, Toelupe.
The petition had been set down for hearing this week after the Court dismissed a joint application filed by both Tuiloma and Toelupe to withdraw the petition and counter-petition.
However, when the hearing resumed on Monday, only one witness attended. Su’a Alex Su’a informed the Court that the witnesses were being uncooperative.
Toelupe Poumulinuku Onesemo had won the Falealili seat by close to 400 votes taking Saleilua, Poutasi, Matautu, Vaovai, Malaemalu, Tafatafa, Satalo and Piu. Tuiloma secured the win from his village of Sapunaoa.
Chief Justice Satiu Simativa Perese and Justice Leiataualesa Daryl Clarke have reserved their decision, expected to be handed down before the Christmas break.
The Electoral Court had dismissed the application to withdraw the petitions despite the parties requesting to have the case dismissed.
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