This week, the Samoan public read with great interest of a very odd twist in the case related to the murder of Tu’au that has gripped the nation’s attention for the last three years.
The Supreme Court deferred once again the hearing date for this high-profile case to next year, the final year of the current term of our Parliament.
Even then, no one is certain whether it will be heard next year.
For the first time in our Court’s history, setting the date of a hearing is a matter that is now subject to appeal – a very strange precedent in our Peaceful Samoa!
A Faatuatua i le Atua Samoa ua Tasi party Cabinet Minister had publicly accused Honourable Lealailepule Rimoni Aiafi of the Human Rights Protection Party for the murder, supposedly witnessed by FAST supporters who are now charged by the Police for providing false evidence.
Imagining these conspiracies are a favourite hobby of the FAST Cabinet Minister which he uses to divert attention from the issues that affect the daily lives of Samoans and the abuse of their taxes and donor funds.
He has a promising future in dictating fiction novels!
In our small nation, it can be very challenging for the Judiciary to retain true independence.
Very often Samoans can trace the lineage of their families to a set of common parents for many generations even going back to hundreds of years ago.
The descendants of those common parents meet often as is the custom to celebrate major milestones and to contribute moneys and fine mats to meet cultural obligations of their families for funerals, weddings etc.
The regular presence at these family gatherings greatly enhances an heir’s chances to claim the top Matai title which ensures immediate access to the control of family lands and other family chiefly titles.
These family ties are invisible to the eye of a foreign Judge, who may be completely unaware of the close relationships that exist amongst the disputing parties and the Samoan Judges in their courtrooms.
Foreign Judges will always trust that their Samoan court officials and peers will disclose any relationships that would undermine the independence of the judiciary and even recuse themselves in such cases.
During the past HRPP administrations, we had always noted with deep respect, the great care exercised by Judges from overseas to protect their image and perception of independence.
These Judges, who were engaged to preside over disputes and court cases in Samoa, would often refrain from any kind of social interaction such as attendance at public and private functions which involved parties in a litigation.
This was done to protect our citizens’ sacred trust in the independence of the judiciary and the timely delivery of Justice.
Indeed, Justice must not only be done but it must also be seen to be done.
Tuilaepa Sailele Malielegaoi
Leader of HRPP