The Supreme Court has struck out an application for leave to appeal the decision of Senior District Court Judge, Talasa Atoa-Saaga, that acquitted Samoa Prime Minister Hon Laaulialemalietoa Leuatea Polataivao Fosi Schmidt, former MP Fepuleai Faimata Su’a and Inspector Li’o Fa’ataumalama Auava of all charges.

During a timetabling hearing before Justice Rhys Harrison, it was established that the lawyer who filed proceedings for leave to appeal in the name of the Samoa Police, had not been instructed by the Police to do so.

Counsel Fuimaono Sefo Ainuu confirmed he had received no instructions from the Samoa Police to file the application. Instead, he said he had acted on instructions from his client, Lealailepule Rimoni Aiafi.

Justice Harrison questioned why proceedings had been filed in the Police’s name without their authority.

When Counsel described it as an oversight, Justice Harrison rejected the explanation, saying filing court proceedings without authority was a serious matter.

“Mr Ainuu, there’s no oversight in filing a document in the name of a party from whom you have no instructions.”

Justice Harrison then declined Counsel’s  request to allow the named applicant to be substituted with client.

Zooming in via video link, Justice Harrison then set a hearing date for an application to strike out a Judicial Review of the same District Court decision by Senior Judge Talasa Atoa-Saaga.

An application to strike out the judicial review would be heard either on 4 September or during the week beginning 7 September, when Justice Harrison is scheduled to be back in Samoa as a member of the Court of Appeal.

The Judge indicated that he wanted the matter dealt with during that visit rather than making a separate trip to Samoa.

He directed both parties to file concise written submissions, saying the Court wanted focused arguments on the key legal issue.

“I want limited, focused submissions on the one real issue of how the discretionary decision of the Attorney General is amenable to review.”

Justice Rys Harrison also questioned whether the applicant had legal standing to bring the judicial review, asking Counsels to further develop that argument in their submissions for the September hearing.

The Court will issue formal timetabling directions, including deadlines for written submissions, before the matter returns for hearing in September.

Alofa Grace Masina is an Intern Reporter and Photographer with Samoa Global News. Alofa Grace is passionate about sharing stories and capturing real moments. She is a graduate of Maluafou College and hopes to continue a career as a Journalist.

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