The official rulings of the court on electoral petitions and counter petitions are with the Speaker of the House.
Chief Justice Satiu Perese confirmed the reports and certificates of the Justices of the Supreme Court submitted to Speaker Papalii Masepa’u in a statement at the end of the week.
The statement noted several key outcomes.
1. A total of 28 Electoral Petitions and 27 Counter Petitions were filed with the Supreme Court. 11 of these cases went to trial, and 17 were withdrawn.
2. With respect to the 11 trials, there were 4 trials which resulted in elections being voided for corrupt practices; the Constituencies affected are:
a. Aana Alofi Nu. 2 – where the respondent Aiono Afaese Toleafoa was found guilty of five counts of bribery;
b. Aleipata Itupa i Lalo – where 13 allegations of bribery and 8 allegations of treating were found against the respondent – Fiugalu Eteuati Eteuati.
c. Falealili Nu. 2 – where both the petitioner, Velataloola Fuimaono Lotomua Avauli, and the respondent, Fuimaono Te’o Samuelu Atiifale, were found guilty of committing the corrupt practices of bribery and treating.
d. Sagaga Nu. 2 – where both the petitioner Maualaivao Patelesio Ah Him, and the respondent, Seiuli Ueligitone Seiuli, were both found guilty of 10 and 13 counts of bribery, respectively, and 1 and 2 counts of treating, respectively.
3. The balance (7) of the 11 trials can be accounted as follows: in 6 of them the electoral petitions and counter petitions were dismissed as not being proved. There was a further 1 trial where the petition was dismissed, but the counter petition was proved.
4. There were 17 withdrawals, as set out below. Of these withdrawls, three involved the respondent, the winner of the constituency, resigning his or her seat, as a condition of the withdrawals. Two of these respondents will not contest the by election, but one intends to resign and run in the by election. We have referred this person to the Speaker for his further consideration as the Justices allocated to hear the case were not able to report to the Speaker that the withdrawal did not involve a corrupt arrangement.
Election Petitions – Proceeded for Hearing
1. Aana Alofi Nu. 2
Justice Tuatagaloa and Justice Roma
Lolomatauama Eseta Faalata Mataituli v Aiono Afaese Toleafoa 16 August 2021 Respondent is found guilty of all five (5) counts of bribery.
void – by election
2. Aana Alofi Nu. 3
Justice Nelson and Justice Tuala Warren
Ili Setefano Taateo Tafili v Agaseata Valelio Tanuvasa Peto 25 June 2021 Petition is dismissed in its entirety.
Petitioner is guilty of two counts of the corrupt practice of bribery.
3. Aleipata Itupa I Lalo
Justice Tuatagaloa and Justice Vaai
Tafua Maluelue Tafua v Fiugalu Eteuati Eteuati 05 July 2021
Thirteen (13) allegations of bribery and eight (8) allegations of treating against the Respondent are proven beyond reasonable doubt.
Five (5) allegations of bribery, and five (5) allegations of treating against the Petitioner are dismissed.
void – by election
4. Anoamaa Nu. 2
Justice Vaai and Justice Roma
Toomata Norah Leota v Lauofo Fonotoe Nuafesili Pierre Lauofo 21 July 2021 The petition is dismissed in its entirety.
Petitioner is guilty of illegal practice for the 7 envelopes of cash.
5. Faasaleleaga Nu. 2
Chief Justice Perese and Justice Tuala Warren
Gatoloaifaana Amataga Gidlow v Magele Sekati Fiuai 21 June 2021
Both petition and counter petition – dismissed
6. Falealili Nu. 2
Justice Nelson and Justice Vaai
Veletaloola Fuimaono Lotomua Avauli v Fuimaono
Te’o Samuelu Atiifale 16 August 2021
Respondent is guilty of committing the corrupt practices of bribery and treating.
Petitioner is also guilty of committing the corrupt practices of bribery and treating.
void – by election
7. Faleata Nu. 1
Chief Justice Perese and Justice Roma
Salausa John Ah Ching v Manuleleua Paletasala Talitau Tovale 30 June 2021 Petition – dismissed.
*no counter petition (application for leave to file, declined).
8. Sagaga Nu. 1
Chief Justice Perese and Justice Tuala Warren
Papalii Tavita Moala v Loau Keneti Sio 17 August 2021
Both petition and counter petition – dismissed
9. Sagaga Nu. 2
Justice Nelson and Justice Roma
Maualaivao Patelesio Ah Him v Seiuli Ueligitone Seiuli 18 June 2021
Petitioner – found guilty of 10 counts of bribery and 1 count of treating.
Respondent – found guilty of 13 counts of bribery and 2 counts of treating.
void – by election
10. Salega Nu. 1
Justice Tuatagaloa and Justice Roma
Afualo Luagalau Wood Salele v Fepuleai Faasavalu Faimata Sua 25 June 2021 Petition is dismissed in its entirety.
The counter petition against the Petitioner has been proven beyond reasonable doubt.
11.Vaisigano Nu. 1
Chief Justice Perese and Justice Nelson
Lopaoo Natanielu Mua v Niuava Eti Malolo 16 July 2021 Both petition and counter petition – dismissed
Election Petitions – Withdrawn by Leave and Dismissed
12. Aana Alofi Nu. 1
Justice Tuatagaloa and Justice Tuala Warren
Taueva Faafouina Mupo Sauvao v Fesolai Apulu Tusiupu Tuigamala 23 June 2021 withdrawn by leave & dismissed – seat remains
13. Aana Alofi Nu. 4
Justice Nelson and Justice Tuala Warren
Afamasaga Toeolesulusulu Lepuiai Rico Tupai v Toeolesulusulu Cedric Pose Salesa Schuster 09 July 2021
withdrawn by leave & dismissed – seat remains
14. Aiga I le Tai
Justice Roma and Justice Vaai
Ifopo Matia Filisi Jahnke v Auapaau Mulipola Aloitafua 07 July 2021 withdrawn by leave & dismissed – seat remains
15. Faasaleleaga Nu.1
Justice Tuatagaloa and Justice Tuala Warren
Silipa Epa Tuioti v Matamua v Matamua Seumanu Vasati Sili Pulufana 12 July 2021
withdrawn by leave & dismissed – seat remains
16. Faasaleleaga Nu. 3
Justice Nelson and Justice Roma
Namulauulu Papalii Leota Sami v Papalii Lio Taeu Masepau 03 August 2021 withdrawn by leave & dismissed – seat remains
17. Falealupo
Justice Nelson and Justice Roma
Fuiono Tenina Chricton v Leota Tima Leavai 02 July 2021
withdrawn by leave & dismissed
Respondent to resign – by election – respondent does not intend running in by election.
18 Falelatai & Samatau
Justice Roma and Justice Vaai
Pa’u Roy Ausage v Lupematasila Galumalemana Tologata Tile Leia 02 July 2021 withdrawn by leave & dismissed – seat remains
19. Gagaemauga Nu. 1
Chief Justice Perese and Justice Nelson
Laufou Alofipo Faamanu Manase v Tuala Tevaga Iosefa Ponifaso 28 July 2021 withdrawn by leave & dismissed – seat remains
20. Gagaifomauga Nu. 2
Justice Tuatagaloa and Justice Vaai
Sooalo Umi Feo Mene v Vaele Paiaaua Iona Paiaaua Sekuini 15 June 2021 withdrawn by leave & dismissed – seat remains
21. Lefaga & Faleseela
Chief Justice Perese and Justice Tuatagaloa
Sua Tanielu Sua v Masinalupe Makesi Masinalupe 01 July 2021 withdrawn by leave & dismissed – seat remains
22. Palauli Nu. 1
Justice Tuatagaloa and Justice Roma
Tupai Avala Savaiinaea v Mulipola Anarosa Ale Molioo 19 July 2021 withdrawn by leave & dismissed – seat remains
23. Safata Nu. 1
Justice Nelson and Justice Vaai
Afemata Palusalue Faapo v Leaana Ronnie Posini 03 August 2021 withdrawn by leave & dismissed – seat remains
24. Safata Nu. 2
Justice Tuatagaloa and Justice Tuala Warren
Laumatiamanu Mathew Ringo Purcell v Nonu Teo Lomialagi Lose Niumata 14 July 2021
withdrawn by leave & dismissed
Respondent to resign – by election – respondent does not intend running in by election.
25. Sagaga Nu. 4
Justice Tuala Warren and Justice Roma
Tagaloatele Poloa v Tuisa Tulimasealii Tasi Patea 28 July 2021 withdrawn by leave & dismissed
Respondent to resign – by election – respondent intends to run again in by election
26. Siumu
Chief Justice Perese and Justice Roma
Tuuu Amaramo Sialaoa Pagamalie v Tuuu Anasii Leota 23 July 2021 withdrawn by leave & dismissed – seat remains
27. Vaimauga Nu. 1
Chief Justice Perese and Justice Vaai
Fuatimau Maumea Leniu v Sulamanaia Fetaiai Tauiliili Tuivasa
22 June 2021
withdrawn by leave & dismissed – seat remains
28 Vaimauga Nu. 3
Justice Nelson and Justice Vaai
Ve’atauia Faatasi Puleiata v Tapunuu Niko Lee Hang 27 July 2021 withdrawn by leave & dismissed – seat remains