The Samoan Human Rights Protection Party (HRPP) has accepted the Court decision finding its leader and secretary guilty of contempt of court. The party noted that it was time to move forward.
On Tuesday, MP Lealailepule Rimoni Aiafi, Lawyer Maiava Visekota Peteru and Leader of the HRPP, Tuilaepa Sailele Malielegaoi, were all found guilty of contempt of court.
It was alleged that the defendants undermined the Court's authority by criticizing its decisions on electoral matters, following last year's troubled election.
The ruling was handed down this week by overseas Justices Robert Fisher and Raynor Asher. Although the HRPP members were convicted the Judges decided not to impose any penalties. This was in light of the special circumstances of the case and a "harmony agreement" between FAST and HRPP, signed by both Tuilaepa and Prime Minister Fiame Naomi Mata'afa, to withdraw the contempt case.
Leader of Samoa's HRPP Tuilaepa Sailele Malielegaoi and supporting party members. Photo: Supplied
HRPP Secretary Lealailpule said that this result is what Tuilaepa and the Prime Minister wanted in the first place; to leave the past in the past and move forward. He also told the media, at a virtual press conference, that HRPP will not appeal the Court's decision.
In their ruling, the Judges noted that the harmony agreement was never adopted by the Court. However, they took into account the views expressed in it, particularly by the current Prime Minister and the FAST party.
Former Tautua Samoa MP Lealailepule Rimoni Aiafi Photo: RNZI Autagavaia Tipi Autagavaia
The Judges made a number of comments including:
"They feel strongly that it is time for Samoa to put these election arguments behind them,"
"That would allow Samoa to unite in addressing greater challenges that lie ahead such as Covid and climate change.
"To that end, they were prepared to discontinue the contempt proceedings altogether. If we had accepted the discontinuance it would have left the respondents without penalty,"
"given that the respondents were the ones at risk in the proceedings, they were hardly about to disagree."
"But the Prime Minister and her party had nothing personal or political to gain by discontinuing. We accept that as the Government elected by the people of Samoa, they know what is best for the country.
Although it is important to publicly record and condemn these contempts of court, we see no need to go further."
This decision has set an important precedent, which will stand should future elections face similar strife.
"It should now be plain how the Court would deal with repetitions."