The Supreme Court has summoned two witnesses for the ongoing Falealili 1 petition case. A Note issued on Tuesday by Chief Justice Satiu Simativa Perese and Supreme Court Justice Leiataualesa Daryl Clarke (published below in verbatim) declares that the Court has summoned two witnesses who will “enable the court to deal effectively with the evidence that has already been given in this proceeding by Lepagatele Alema.”
Alema was the only witness who turned up to Court when the matter was called on 3 December 2025.
According to the Court in the Note below, Malili Nofo Vaega and Faamotuletia Seu have both filed affidavits, and they are being summoned to appear this morning, Wednesday 17 December at 10am.
“They have been served, and affidavits of service have been placed on file.”
Note issued by the Court: Chief Justice Satiu Simativa Perese and Justice Leiataualesa Daryl Clarke.
[1] Following a hearing of a joint application by the petitioner and respondent to withdraw these proceedings, this court on 3 December 2025 dismissed that joint application after hearing from the petitioner, the respondent and the HRPP as intervener. Our reasons for that decision are set out in full in our written reasons dated 11 December 2025.
[2] On Monday 8th December 2025, the petition and counter-petition were to proceed to hearing. To facilitate the hearing of the petition and counter-petition, some 54 witness summonses were served on witnesses for both the petitioner and respondent, to attend under summons for the hearing on Monday 8th December. On the hearing date, only 1 witness for the petitioner appeared – Leapagatele Alema and his affidavit was taken as read and tendered into evidence.
[3] Counsel for the petitioner sought to call no other witnesses. The Respondent did not wish to cross-examine Mr Alema nor did the respondent wish to call any witnesses. Neither counsel made application for warrants of arrest to issue to compel the attendance of witnesses to give evidence, to enable the parties to prosecute their respective cases – as required by the Court when it dismissed their joint motion for leave to withdraw these proceedings. The petitioner accordingly closed his case. The respondent called no evidence.
[4]The Court may admit such evidence as in its opinion may assist it to deal effectively with the case, despite that the evidence may not otherwise be admissible in the Supreme Court. The court may also examine any person required to attend or a person in court, although the person is not called or examined by a party to the petition.
[5] We consider that two witnesses should be given the opportunity to be heard – Malili Nofo Vaega and Faamotuletia Seu. Both have filed affidavits, and the summoning of these witnesses to appear enables the court to deal effectively with the evidence that has already been given in this proceeding by Lepagatele Alema. The witnesses are being summoned to appear before the court on Wednesday, 17th December 2025. They have been served, and affidavits of service have been placed on the file.
[6] The court invites the Respondent to carefully consider whether he wishes to call any witnesses to respond to the petition allegation brought through Malili Nofo Vaega, Faamotuletia Seu and Lepagatele Alema, for whom he has filed affidavits, or in relation to any other matter he has pleaded but has not prosecuted to date.
[7] Although the witnesses have been served and they have acknowledged service, where witnesses do not appear under summons, the Court may issue warrants for their arrest so that their evidence can be taken.
[8] The matter is adjourned to 10am tomorrow, Wednesday 17 December 2025.
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