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Petaia v Pa'u - Conclusions and Orders [2006] WSSC 67 (4 December 2006)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

IN THE MATTER: of the Electoral Act 1963 & Amendments

AND:

IN THE MATTER: of the Territorial Constituency of Fa’asaleleaga No.2

BETWEEN

PAPALI’I SAMUELU PETAIA
of Sapapali’i, candidate for election.
Petitioner

AND

LETOA RITA PA’U
of Fusi Safotulafai, a candidate for election.
Respondent

Coram: Honourable Chief Justice Sapolu
Honourable Justice Vaai

Counsel: Mr TK Enari for the Petitioner
Mr RS To’ailoa for the Respondent

Hearing: 07, 08, 09, 10, 14 November 2006
Conclusions: 4 December 2006

CONCLUSIONS AND ORDERS OF THE COURT

1. The court has considered the oral and documentary evidence as well as the written and oral submissions of counsels and in its deliberations the court has unanimously agreed on its conclusions and orders.
   
2. Reasons for these conclusions and orders will be delivered in writing in due course and parties will be informed accordingly.
   
3. The conclusions of the court are:
   

(a) Allegations 5(a) concerning the giving of $4,000 to the village of Sapapalii for the purpose of inducing members of that village to vote for the respondent is proved and the respondent is guilty of corrupt practice.

(b) The giving of $100 on the 20th September 2006 to the Sapapalii women’s group with intent to induce their votes is also sustained.

(c) The giving of $1,000 on 3rd September 2006 to members of the Congregation of the Fusi Catholic Church is also proved to have been corruptly made.

(d) Allegation concerning the giving to Galitele and her husband Kiki of $100 on the 13th September 2006 is also proved to have been corruptly made.

(e) Allegation involving the giving of $100 and $30 to Sa Tuua and Sala respectively at Vaimea between the 1st and 21st September 2006 with a corrupt intent to induce their votes is also proven.

(f) The allegation that between the 18th and 22nd September 2006 at Fogāpoa gave Tausoa $20 to induce her vote is not proved and is dismissed.

(g) The 3 allegations of treating are all sustained. The respondent has committed treating and is guilty of corrupt practices.

4. In respect of the allegations in the counter petition we find that all the allegations have not been proved beyond reasonable doubt and all the allegations are dismissed.
   
5. Orders of the Court:
   

(1) In view of our findings that 5 allegations of bribery and 3 allegations of treating have been proved against the respondent we declare the election of the respondent void under section 112 of the Act and a by election is ordered.

(2) The Court will report its findings to the Honourable Speaker pursuant to section 119 of the Act.

(3) The Respondent pays to the petitioner costs of $5,000.

Honourable Chief Justice Sapolu
Honourable Justice Vaai

Solicitors

Kruse Enari & Barlow Barristers & Solicitors for the Petitioner

Toa Law for the Respondent