Wednesday 14 April 2026 Mulinuu Apia Samoa. Clarification was sought in the Supreme Court on Wednesday morning, regarding the position of the Court that it is “inappropriate” for Samoa’s present Attorney-General or any member of her office to act as advisors in Toelupe’s judicial review application, given that she appeared for the applicant at some of the hearings in the Supreme Court”.
His Honour Justice Rhys Harrison’s Minute of Directions dated 9 April 2026 stated that “it is necessary to appoint amicus curiae to assist the Court.”
He added that the Ministry had engaged two former AGs; the Honourable Christopher Finlayson KC and Su’a Helene Wallwork, to act in that role.
In Court on Wednesday morning. Counsel from the AGs Office, Violina Leilua, appeared before the bench seeking guidance following His Honour Justice Rhys Harrison’s Minute of Directions.
Counsel put forward the question as to whether the Attorney General and the Office of the AG should continue acting in the contempt proceedings, that stemmed from what the Court described as unprecedented circumstances that arose from the Tuiloma-Toelupe election petition.
Leilua asked the Court to clarify whether the AGs Office could continue handling the matter.
The Court responded by highlighting that the judicial review proceedings is a separate matter altogether from the contempt and bribery involving the alleged $100,000 tala payment.
Chief Justice Satiu Simativa Perese emphasised that the ongoing judicial review does not affect the contempt proceedings.
Counsel acknowledged this but noted concerns about overlap, noting that some witnesses were involved in earlier proceedings where the Attorney General had acted.
However, the Court pointed out that all individuals relevant to the contempt issue all failed to appear in Court.
The Court once again raised concerns over a media release issued by the Attorney General on the 27th of March 2026 which their Honours state, appeared to be connected to the proceedings.
The Court suggested the Attorney General could provide an undertaking confirming she will have no role in the contempt proceedings.
Counsel agreed with this approach, stating she would seek instructions once the Attorney General returns at the end of April.
The Court was informed Madam AG is currently overseas on a personal trip and communication has been limited.
The Court stressed the importance of independence in handling the contempt of Court and alleged bribery
When asked about progress, Counsel admitted there had been delays due to other criminal matters but confirmed work would begin immediately, including drafting pleadings and attempting to contact the Attorney General.
The Chief Justice said progress must be timely and the integrity of Court processes must be maintained.
“We need to keep it square as far as the Court is concerned in terms of its process and protecting the integrity of its process.”
The Court will issue a formal minute later today outlining directions moving forward. The matter was then adjourned.
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