PRESS STATEMENT : Leader of the Opposition Human Rights Protection Party, Tuilaepa Sailele Malielegaoi, has many questions with regard to the Supreme Court decision on Monday which flatly handed the Parliamentary seat of the Falealupo electoral constituency to the Faatuatua I le Atua Samoa ua Tasi
party.
“This outrageous decision by the Supreme Court has effectively denied the rights of the Falealupo voters to have a say in selecting their representative in Parliament,” said Tuilaepa.
He said the HRPP candidate for the Falealupo by-election, Tuitogamanaia Dr Peniamina Leavai, was legally endorsed by the Electoral Commissioner, Faimalomatumua Mathew Lemisio, as having met all legal requirements under the Electoral Act to run in the by-election.
“The question here is, why was the Electoral Commissioner not called to testify in this matter?
Afterall he accepted the legal registration of Tuitogamanaia,” said Tuilaepa.
The former Prime Minister said he was equally baffled about the Supreme Court decision not to accept the Falealupo EFKS church minister’s testimony.
“The question that begs asking here is, if this is the church minister to whom the traditional service rendered by the HRPP candidate was offered, why did they not accept his testimony?”
Tuilaepa also pointed at the recent decision by the Judicial Commission to hire 5 overseas Supreme Court Judges to allow for unbiased decisions.
“Given the questionable history of the Chief Justice and Justice Tuatagaloa in dealing with matters involving HRPP, the question is, why did they not appoint any of the 5 overseas Justices to handle this matter?”.
He said on that issue, he was surprised when Chairman of FAST, La’auli Leuatea Schmidt, announced last Friday that FAST would win the court case and even told FAST candidate to get his suits ready to wear to Parliament as the next member for Falealupo, before the Court delivered it’s decision.
“I also witnessed at the recent farewell for the Japanese Ambassador, Prime Minister Fiame going over and having a discussion with the Chief Justice, which raises the question, what were they conniving?”
“This is the same Chief Justice who refused to speak to me, as caretaker Prime Minister, so I can officially welcome him back from his prolonged trip to New Zealand to seek medical treatment.”
Tuilaepa asked HRPP supporters to be patient saying the party has not given up on the Falealupo by- election.
He said they will be looking at asking the Electoral Commission for a stay of election at Falealupo so HRPP can register a new candidate to contest the by-election.
The widely read Tuilaepa said he is reminded of the Al Gore and George W. Bush election court cases where it was said that no matter how much people speak about independence of the Court, there is no independence in decision making.
He added that HRPP is up against the government and the judiciary, but they will not falter
“This is just a scratch, it is not yet an open wound.”