By Staff Writer
Samoa Law Society membership is under threat for certain lawyers behind the FAST political party ‘tent swearing-in’ on 24th May 2021.
The Supreme Court found in a ruling on 28th June 2021 the political undertaking ‘unconstitutional, unlawful and is therefore void and of no effect’.
The HRPP has followed up the ruling with an official complaint to the Samoa Law Society (SLS) against the lawyers for bringing disrepute to the society.
Top of the HRPP complaint list is the husband and wife legal team of Matafeo George Latu and former attorney general, Taulapapa Brenda Latu.
“As legal counsel for FAST [they] advised and took the lead in conducting the “swearing in” of members of the FAST party,” the HRPP letter of complaint stated.
“These senior lawyers of the Samoa Law Society purported to act in the place of the Head of State and Clerk of the House.”
Lawyers Precious Chang and Muriel Lui are also listed in the complaint as FAST counsels at the swearing-in.
Elected MP Ta’eu Masepa’u Papali’i leads the complaint list to the SLS against lawyers in the FAST party
He is “…purported to act as the Speaker of the House and attended to the swearing in of the members….”
Other elected FAST MPs Tuala Ponifasio and Fauolo Harry Schuster are also listed as senior members of the society who counseled the political party.
The brunt of the HRPP letter of complaint is against Matafeo and Taulapapa who “…as lawyers for FAST, acted unethically to advise, lead and carry out this “swearing in” for the benefit of their clients (FAST party) and themselves.”
“. It is our opinion that [they] were in a position of conflict of interest and used the “doctrine of necessity” to validate their actions, thus setting an extremely dangerous precedent for all current and future members of the Samoa Law Society.
“It is our further contention that by their acts…. committed “treasonous acts” and failed to uphold the rule of law and act independently in advising their client, the FAST Party. “
The others named in the complaint letter are accused of playing “….various supporting roles in the swearing in ceremony” to further legitimize the “ceremony” and also breach their “fundamental obligations as lawyers to uphold the rule of law and facilitate the administration of law.”
The HRPP letter complained that the Samoa Law Society reputation is brought under disrepute by the action of its members involved.
“Their actions have severely diminished the public perception of the legal profession as professionals who should act to uphold the laws of Samoa and to look beyond personal gain and furthering their client’s interests.”
The complaint letter calls on the SLS to set aside political affiliations “…in favour of the facts and merits of the matters raised in the letter…” in their investigations as “guardians and protectors of the rule of law in Samoa.”
