A witness who was warned against disrepectful behaviour while giving evidence during the Vaimauga 3 election petition, was seen unremorsefully dancing along the corridors of Samoa’s Supreme Court as he walked out of the courtroom.
The Vaimauga 3 by election petition was filed by losing candidate, Taioaliiseu Fiti Aimaasu against election winner Lautimuia Uelese Vaai.
It is being heard this week before Justice Fepuleai Ameperosa Roma and Justice Loau Donald Kerslake.
Vitolio Tapumanaia’s casual attitude, laughing through Court proceedings and answering the Judges’ questions with questions of his own, triggered a warning from Justice Roma.
“Let me remind you. I am not sure if this is the first time you have given evidence in Court. Try and speak respectfully. It is clear from your attitude and your responses that you have no respect for this Court.”
“O la’u faamanatu atu lea ia te oe.. ou te leiloa pe na e molimau muamua pe o lea faatoa e molimau.. ae taumafai e tautala ma le faaaloalo.. e atagia i ou uiga ma au tala.. e leai ma se faaaloalo.”
When Justice Roma asked the witness a with the witness, It seems you were unhappy that Lautimuia did not connect with the family, is that correct?
“E pei e atagia mai i lou mau e pei o se fesootaiga faafaleaiga, i le lē feasiasi atu o Lautimuia lea e te lē fiafia ai, e sa’o?”
Vitolio: “Leai lau afioga.”
Justice Roma: “Aisea na e lē alu ai ia Lautimuia?”
“Do I answer that question?” the witness asked jokingly with a big grin.
“Lautimuia is a proper man, he’s an independent. Ou te lē masagi ia Lautimuia. Matou te aiga ae ou te lē masagi ia Lautimuia.. I don’t even know him,” he adds in English as if to make fun of proceedings.
At one stage, Justice Fepuleai Ameperosa Roma told him to answer the question and stop asking questions in return.
“Tali la’u fesili ae e lē o lo’u fesili atu ae e toe fesili mai. Ana e tali i fesili ua leva na uma..”
Justice Loau Donald Kerslake asked the witness about the meeting where the alleged bribe took place, and much he had himself received.
“A tuu ane la i le isi itu, o lea ua iai faatagaga a outou e faatinoina ai le faamoemoe a Lautimuia sa fai i le tou maota ma le tou laoa. E lē o se faaaloalo lea sa ave i le tagata lea tou te faatalia?”
“E fia la sau tupe na maua i le aso lea?”
“E 20 tala.”
“Faapefea la. O lea sa e fai mai, o lou mafaufau e lē talafeagai, ae aisea na e talia ai?”
Ae tali Vitolio Tapumanaia, “A misi sia mea maua fua.”
Justice Donald asked: “Tusa lava pe sesē?”
Ae tali Vitolio.. “E tusa lava pe sese, misi sia mea maua fua,” said Vitolio.
Vitolio Tapumanaia told the Court that even though it is wrong to receive a bribe, he took it because he didnt want to miss out on this “free” money.
The witness went on to.say he was called inside the house and instructed to switch off his phone before money was distributed. He said he personally received $20 tala.
During questioning, another witness, Anoseta Lavea, gave evidence that was different from his written statement.
He said the woman named in his affidavit who informed him about a campaign gathering held at the Maota o Lealasola on 20 April was not the one named in his affidavit.
He changed his reaponse and said the person was a different woman named Mona.
Mr Lavea told the Court that Lautimuia had later handed an envelope containing $500 tala to village matai to assist with food and refreshments for the gathering.
Another witness, Asofa Tapumanaia, openly admitted that he approached Lautimuia and asked him directly for money after allegedly seeing others receive cash.
“Ina ua ou vaai atu ua tufatufa tupe, sa ou alu atu loa ia Lautimuia ma talosaga atu mo sina tupe..”
Mr Tapumanaia said he was given $50 tala. He also claimed to be related to Lautimuia but drew attention in Court when he was unable to explain exactly how they were related.
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